commissioners, and James Deane, if they judge him well qualified, is recommended to execute this office. That 23 dollars be paid James Deane over and above the 75 dollars advanced him by the commissioners for his past services. Resolved, That three members be added to the committee on the Albany treaty, and that they be directed to consider of a plan for carrying on a trade with the Indians, and to devise ways and means for procuring goods proper for that trade. The members chosen, Mr. Wilson, Mr. Deane, and Mr. Lewis. Whereas major Hawley, who was elected one of the commissioners of Indian affairs in the northern department, cannot, on account of the situation of his private affairs, attend that business, and he having by his letter desired to be excused from that service, Resolved, That to-morrow be assigned for electing a commissioner of Indian affairs in the northern department, in the room of the said major Hawley. Information being given to Congress, that certain frauds have been attempted in executing contracts for the continent, Resolved, That a committee of five be appointed to enquire into that matter. The members chosen, Mr. Sherman, Mr. Lynch, Mr. Johnson, colonel Lee, and Mr. S. Adams. Application being made by Mr. Jay, in behalf of lieutenant Hamar, one of the prisoners at Trenton, for leave to reside with Mr. Duer, near Saratoga, the same was granted, he to be on the same parole as other officers, with this variation, not to go farther than twelve miles from the place now assigned him. Application being also made in behalf of lieutenant Symes, a prisoner now in the gaol of Philadelphia, for leave to reside at Trenton, on the same parole as the other officers there, the same was granted. Information being given to Congress by the committee of inspection for the city and liberties of Philadelphia, that sundry persons in this city have refused to receive in payment or give currency to the bills issued by order of this Congress, and also to those emitted by the assembly of this province, Resolved, That a committee of seven be appointed to take this matter into consideration, and report thereon to Congress. The members chosen, Mr. Jay, Dr. Franklin, Mr. S. Adams, Mr. Johnson, Mr. Wythe, Mr. E. Rutledge, and Mr. Jefferson. The several matters to this day referred, being postponed, and the orders of the day renewed, Adjourned to ten o'clock to-morrow. FRIDAY, November 24, 1775. Resolved, That despatches be sent to the colony agents in England, by Mr. Morris's vessel, which will be ready to sail on Monday next. The committee to whom the intercepted letters were referred, brought in their report, which being read and agreed to, Ordered, That the said committee publish the extracts now laid before Congress, and that they get a thousand copies of the same, together with an authentic account of the capture of Chambly and St. John's, struck off. Ordered, That the committee prepare a letter to the colony agents. Agreeable to the order of the day, the Congress proceeded to the choice of a commissioner for Indian affairs in the northern department, in the room of major Hawley, and the ballots being taken and examined, Timothy Edwards, esq. was unanimously elected. Resolved, That a committee of three be appointed to take into consideration the state of North-Carolina, and report to Congress what in their opinion is necessary to be done for its safety and security. The members chosen, Mr. E. Rutledge, Mr. Jefferson, and Mr. Paca. The Congress resumed the consideration of the report on general Washington's letter, and the same, after debate, was referred for farther consideration till to-morrow. A petition from Downham Newton, was presented and read. Resolved, That the treasurers pay such sums of money as the committee for promoting the manufacture of salt-petre shall draw orders upon, or apply to them for, not exceeding 1000 dollars, to be accounted for by said committee. That in case the committee for promoting the manufacture of salt-petre, cannot procure persons to go to Virginia for that purpose, it be recommended to the gentlemen, who are desired and empowered to superintend and forward the work in that colony, to employ any skilful managers they can meet with, to undertake it. A petition from captain Dugal McGregor, was presented and read. Resolved, That it be referred to the committee to whom Downham Newton's petition is referred. The committee on the state of the treasury, brought in their report, which was read, and referred till to-morrow. The several matters to this day referred, being postponed, SATURDAY, November 25, 1775. The Congress proceeded to the election of field officers for the battalion raised in Pennsylvania, when the ballots being taken and examined: John Bull, esq. was elected colonel. James Irvine, esq. lieutenant-colonel. Anthony James Morris, esq. major. Resolved, That Monday next be assigned for the appointment of an adjutant and a quarter-master for the second battalion, raised in New-Jersey, and of an adjutant and quarter-master for the battalion raised in Pennsylvania. Resolved, That Tuesday next be assigned for the consideration of the memorials of the tea-holders in New-York and Philadelphia. The committee of claims reported, that there is due to John Hinchman, for provisions furnished to several rifle companies, the sum of 65.2 dollars. Christopher Haine, for kettles and canteens, furnished to captain Stevenson and captain Ross's companies, the sum of 55.8 dollars, which ought to be paid to Gibson and Aston. Richard Bache, deputy post-master, for sundry postages, from the 14th of October, to 8th November, 1775, inclusive, 31.1 dollars. Thomas Dewees, for dieting the crew of the ship Rebecca and Frances, 44.4 dollars. Levi Hollingsworth, for expenses of himself and three others, to Ticonde roga and back again, who took with them a quantity of money for general Schuyler, the sum of 128 dollars. Andrew Bunker, for blankets and kettles, furnished captain Stevenson's company by Anthony Noble, 41.4 dollars. Doctor Franklin, for the expenses of Mr. Harrison, Mr. Lynch, and himself, on their journey to the camp at Cambridge, including carriage hire, &c. 581.9 dollars, and for other monies paid by him for the continental service, including 20 dollars advanced to Christopher Madeira, and to be charged to him the sum of 72.7 dollars. John Sterret, for goods furnished by Joseph Holmes to captain Morgan's company, to be charged to said company, the sum of 55.9 dollars. William West, for goods furnished by John Holmes to captain Cluggage's company, the sum of 281.3 dollars, of which sum, 35 12-90 dollars being for blankets charged to the continent, and the remainder to captain Cluggage's company. Ordered, That the above accounts be paid. The Congress resumed the consideration of the report of the committee on general Washington's letter, and the same being debated by paragraphs, was agreed to as follows: Whereas, it appears from undoubted information, that many vessels which had cleared at the respective custom-houses in these colonies, agreeable to the regulations established by acts of the British parliament, have in a lawless manner, without even the semblance of just authority, been seized by his majesty's ships of war, and carried into the harbour of Boston and other ports, where they have been rifled of their cargoes, by orders of his majesty's naval and military officers, there commanding, without the said vessels having been proceeded against by any form of trial, and without the charge of having offended against any law. And whereas orders have been issued in his majesty's name, to the commanders of his ships of war, "to proceed as in the case of actual rebellion against such of the sea port towns and places being accessible to the king's ships, in which any troops shall be raised or military works erected," under colour of which said orders, the commanders of his majesty's said ships of war, have already burned and destroyed the flourishing and populous town of Falmouth, and have fired upon and much injured several other towns within the United Colonies, and dispersed at a late season of the year, hundreds of helpless women and children, with a savage hope that those may perish under the approaching rigours of the season, who may chance to escape destruction from fire and sword, a mode of warfare long exploded amongst civilized nations. And whereas the good people of these colonies, sensibly affected by the destruction of their property, and other unprovoked injuries, have at last determined to prevent as much as possible a repetition thereof, and to procure some reparation for the same, by fitting out armed vessels and ships of force. In the execution of which commendable designs, it is possible that those who have not been instrumental in the unwarrantable violences abovementioned may suffer, unless some laws be made to regulate, and tribunals erected competent to determine the propriety of captures: Therefore resolved, 1st. That all such ships of war, frigates, sloops, cutters, and armed vessels as are or shall be employed in the present cruel and unjust war against the United Colonies, and shall fall into the hands of, or be taken by the inhabitants thereof, be seized and forfeited to, and for the purposes hereinafter mentioned. 2d. Resolved, That all transport vessels in the same service, having on board any troops, arms, ammunition, clothing, provisions, or military or naval stores, of what kind soever, and all vessels to whomsoever belonging, that shall be employed in carrying provisions or other necessaries to the British army or armies, or navy, that now are or shall hereafter be within any of the United Colonies, or any goods, wares, or merchandise for the use of such fleet or army, shall be liable to seizure, and with their cargoes shall be confiscated. 3d. That no master or commander of any vessel shall be entitled to cruize for, or make prize of any vessel or cargo before he shall have obtained a commission from the Congress, or from such person or persons as shall be for that purpose appointed in some one of the United Colonies. 4th. That it be and is hereby recommended to the several legislatures in the United Colonies, as soon as possible, to erect courts of justice, or give jurisdiction to the courts now in being for the purpose of determining concerning the captures to be made as foresaid, and to provide that all trials in such case be had by a jury under such qualifications, as to the respective legislatures shall seem expedient. 5th. That all prosecutions shall be commenced in the court of that colony in which the captures shall be made, but if no such court be at that time erected in the said colony, or if the capture be made on open sea, then the prosecution shall be in the court of such colony as the captor may find most convenient, provided that nothing contained in this resolution shall be construed so as to enable the captor to remove his prize from any colony competent to determine concerning the seizure, after he shall have carried the vessel so seized within any harbour of the same. 6th. That in all cases an appeal shall be allowed to the Congress, or such person or persons as they shall appoint for the trial of appeals, provided the appeal be demanded within five days after definitive sentence, and such appeal be lodged with the secretary of Congress within forty days afterwards, and provided the party appealing shall give security to prosecute the said appeal to effect, and in case of the death of the secretary during the recess of Congress, then the said appeal to be lodged in Congress within twenty days after the meeting thereof. 7th. That when any vessel or vessels shall be fitted out at the expense of any private person or persons, then the captures made shall be to the use of the owner or owners of the said vessel or vessels; that where the vessels employed in the capture shall be fitted out at the expense of any of the United Colonies, then one-third of the prize taken shall be to the use of the captors, and the remaining two-thirds to the use of the said colony, and where the vessels so employed shall be fitted out at the continental charge, then one-third shall go to the captors, and the remaining two-thirds to the use of the United Colonies; provided, nevertheless, that if the capture be a vessel of war, then the captors shall be entitled to one-half of the value, and the remainder shall go to the colony or continent as the case may be, the necessary charges of condemnation of all prizes, being deducted before distribution made. 8th. That the captures heretofore made by vessels fitted out at the continental charge were justifiable, and that the distribution of the captor's share of the prizes by general Washington, be confirmed, which is as follows: Resolved, That that part of general Washington's letter of the 11th instant, respecting the capture of a vessel by the inhabitants of New-Hampshire, be referred to the committee, who brought in the foregoing report. The Congress next took into consideration the rules and orders for the fleet of the United Colonies, but not having time to finish them, Resolved, That the farther consideration of them be deferred till Monday next. The orders of the day being renewed, Adjourned to ten o'clock on Monday. MONDAY, November 27, 1775. A report prevailing that young Mr. Skene, who was a prisoner in Connecticut, has made his escape, Resolved, That the delegates of Connecticut be a committee to enquire into the truth of that report. Resolved, That orders issue to lord Sterling to collect the troops which were raised in New-Jersey (except the six companies which have been ordered to the fortresses on Hudson's river) and to place them in barracks in the eastern division of New-Jersey, as contiguous to New-York as can be, there to remain till further orders from Congress. Resolved, That a letter be written to the convention of New-York, request. ing them to use their utmost endeavours to furnish the troops raised in NewJersey for the defence of New-York, with as many arms as they can spare. The Congress then proceeded to the choice of an adjutant and quartermaster for the battalion raised in the western division of New-Jersey, when Mr. Ephraim Anderson was elected adjutant, and Mr. Buddel Shin, quarter master. Resolved, That the troops in the service of the continent be supplied with fuel and bedding at the expense of the continent. Resolved, That an order for 3000 dollars be drawn on the treasurers, in favour of the committee of safety of Pennsylvania, to be applied towards the pay of the battalion raised in said colony, the committee to account for the expenditure of the same. A letter from general Washington of the 19th instant, enclosing a copy of a letter from colonel Arnold, of the 27th October, being received, was read. The Congress then resumed the consideration of the report of the committee on the disputes between the people of Connecticut and Pennsylvania, and after debate, Resolved, That the same be recommitted, and that it be an instruction to the committee to hear evidence on the possession and jurisdiction of the lands in dispute, and reduce to writing such parts of the evidence as they shall think proper. As three of the committee are absent, viz. Mr. J. Rutledge, Mr. Chase, and Mr. Kinsey, Resolved, That three members be elected in their stead. The members chosen, Mr. Wythe, Mr. Jay, and Mr. Hooper. The several matters to this day referred, being postponed, TUESDAY, November 28, 1775. The Congress resumed the consideration of the rules and orders for the navy of the United Colonies, and the same being debated by paragraphs, were agreed to as follows: Rules for the regulation of the navy of the United Colonies. The commanders of all ships and vessels belonging to the thirteen United Colonies, are strictly required to shew in themselves a good example of honor and virtue to their officers and men, and to be very vigilant in inspecting the behaviour of all such as are under them, and to discountenance and suppress all dissolute, immoral, and disorderly practices, and also such as are contrary to the rules of discipline and obedience, and to correct those who are guilty of the same, according to the usage of the sea. The commanders of the ships of the thirteen United Colonies, are to take care that divine service be performed twice a day on board, and a sermon preached on Sundays, unless bad weather or other extraordinary accidents prevent. If any shall be heard to swear, curse, or blaspheme the name of God, the commander is strictly enjoined to punish them for every offence, by causing them to wear a wooden collar, or some other shameful badge of distinction, for so long time as he shall judge proper. If he be a commissioned officer, he shall forfeit one shilling for each offence, and a warrant or inferior officer six pence.' He who is guilty of drunkenness, if a seaman, shall be put in irons until he is sober, but if an officer, he shall forfeit two days' pay. No commander shall inflict any punishment upon a seaman beyond twelve lashes upon his bare back, with a cat of nine tails; if the fault shall deserve a greater punishment, he is to apply to the commander in chief of the navy, in VOL. I. 24 |