Doors of the Congress opened for all persons to hear the appeal of Andrew Gautier, Jun. from the judgment of the City Committee, that he be held up publickly for having refused the Continental money; Committee to inquire into the grounds of th reports that persons under various pretences sell Tea at more than six shillings per pound, Committee to confer with General Putnam on the information that the British ships of war at Sandy Hook receive supplies from LongIsland

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Die Mercurii, 9 ho˙ A˙ M˙, May 29, 1776.

The Congress met pursuant to adjournment.

Present: Brigadier-General Woodhull, President.

FOR NEW-YORK. — Colonel Broome, Mr˙ Sands, Mr˙ Randall, Mr˙ Jay, Mr˙ P˙ Van Zandt, Mr˙ Van Cortlandt, Mr˙ Alsop, Mr˙ Scott.

FOR ALBANY. — Mr˙ Cuyler, Mr˙ Glenn, Mr˙ Ten Broeck.

FOR ORANGE. — Mr˙ Haring, Mr˙ Little.

FOR KING' S.

FOR ULSTER. — Colonel Hasbrouck, Mr˙ Cantine, Mr˙ Brewster, Major Parks.

FOR WESTCHESTER. — Mr˙ Morris, Mr˙ Haviland, Mr˙ Tompkins, Mr˙ Paulding.

FOR RICHMOND. — Mr˙ Cortelyou, Mr˙ Journey.

FOR SUFFOLK. — General Woodhull, Mr˙ Wickham, Mr˙ Gelston.

FOR DUTCHESS. — Mr˙ Livingston, Mr˙ DeLavergne, Major H˙ Schenck.

FOR QUEEN' S. — Colonel Blackwell, Mr˙ Smith, Captain Lawrence.

FOR TRYON. — Mr˙ Moore, Mr˙ Harper.

FOR CHARLOTTE. — Mr˙ Webster, Colonel Malcom.

Major Henry Schenck, a Deputy for Dutchess County, find John Ten Broeck, Esq˙, a Deputy for the City and County of Albany, appeared in Congress, and, after taking the general oath of secrecy, respectively took their seats.

A Letter from Colonel Charles Dewitt, enclosing Returns

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of Officers chosen for two Minute Companies in his Regiment, and requesting Commissions may be sent.

Ordered, To remain for further consideration till the Militia Committee make their Report.

A Letter from Colonel Levi Pawling, dated May 19th, at Marbletown, setting forth that Zacharias Rosekrans, Ensign in Captain Joakim Schoonmaker' sCompany, had resigned, and that Moses Depue, Jun˙, was duly elected in his stead.

Ordered, That a Commission issue to Moses Dupue, Jun˙, vice Zacharias Rosekrans resigned.

A Letter from Colonel Thomas Thomas, of Westchester County, dated May 27th, was delivered and read. Colonel Thomas informs that Elijah Hunter is desirous of raising a Grenadier Company, to belong to the Regiment of Militia whereof Thomas Thomas is Colonel; that the following are the intended Officers, to wit: Elijah Hunter Captain, Richard Jacket First Lieutenant, Silas Millar Second Lieutenant, and Jeremiah Lownsberry Ensign; and prays Commissions may issue speedily.

Ordered, That Commissions issue; and they were accordingly immediately issued to those gentlemen.

Mr˙ Sands, on behalf of the Auditors, informed the Congress that the Officers of the First (or Colonel Lasher' s) Battalion have delivered in their Accounts for the services of that Regiment on fatigue, in pursuance of the order of the Provincial Congress of the 14th day of March last; that the Officers of that Regiment have charged full pay, and the number of Rations allowed to Officers in the Continental Army, at 10 1/2d˙ for each Ration, for every day they were on duty; though it appears, by their Returns, that very frequently they had not the number of privates on duty ordered and directed by the ninth Resolution, an Order for that purpose passed on the said 14th day of March last; that as the said ninth Resolution does not enable the Auditors to discharge those Accounts, the Auditors request the direction of Congress on this subject.

Determined, That the Officers shall be allowed the like number of Rations as the Continental Officers of like rank are allowed; but that the Officers who, in any instance, have not had the full complement of men on duty or fatigue, agreeable to the said ninth Resolution, be allowed only a proportion of pay and a proportion of the value of Rations in the proportion the number of men they had on fatigue bears to the numbers ordered for a Regiment or a Company by the said ninth Resolution of the 14th day of March last.

Mr˙ Andrew Gautier, Jun˙, attending at the door (in pursuance of the Order of the Day) to prosecute his appeal from the judgment of the General Committee of the City of New-York, that he be held up publickly for having refused Continental money:

Ordered, That the doors be set open; that notice be given at the door and below in the Hall, where the inhabitants are assembled at an election for Members of the City Committee, that the door is set open for all persons.

The said Andrew Gautier, Jun˙, came into the Chamber, and attended at the bar. Some Members of the General Committee who were below in the Hall came in and attended. The report of the evidence given to the General Committee, and their determination thereon, with the said appeal of the said Andrew Gautier, Jun˙, and the order of this Congress for hearing the said appeal, were read.

Mr˙ Gautier elivered his defence in writing, which was also read. The appellant informed the Congress that his witness is at present absent out of town. And the witnesses against the appellant not appearing at present,

Ordered, That the further hearing of this appeal be deferred until next Tuesday morning.

The appellant and persons attending withdrew.

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From the circumstances attending this appeal, and other information, it is represented to this Congress that persons under various pretences sell Tea at more than six shillings per pound.

Ordered, That Mr˙ Jay, Mr˙ Morris, and Mr˙ Sands, be a Committee to inquire into the grounds of such reports, and to report the measures they may think necessary to prevent any infraction of the Resolution of the Continental Congress thereupon published, and that they report with all convenient speed.

Mr˙ Morris informed Congress that Doctor Charlton, at Jamaica, * * * * * *

A Letter from William Smith, Esq˙, of Suffolk County, of the 25th instant, informing Congress, by the request of a meeting of the Committee of Brookhaven, Manor of St˙ George, and Patentship of Meritches, that there is a communication kept up between Winthrop' s Patent and the Ships-of-War at Sandy Hook, and that men, water, oysters, and clams, are carried from the inlet at South Bay on board the Men-of-War:

Ordered, That Mr˙ Randall and Mr˙ Gelston be a Committee to wait on General Putnam, and confer with him on the subject of said Letter.

The gentlemen returned, and reported that the General had read the Letter from Mr˙ Smith, and was much displeased when informed that the armed vessels had not sailed, and said that he would give immediate orders that they take their stations, but did not say that he would give any particular directions as to that inlet.

Mr˙ Morris moved, and was seconded, "that the Resolutions of the last and this Congress for compelling all the inhabitants of this City who had removed therefrom before the 1st day of last June to return," be reconsidered.

The question being put thereon, it was —

For.

8 New-York,
6 Albany,
4 Suffolk,
2 Richmond,
4 Ulster,
4 Queen' s,
3 Tryon,
5 Dutchess.
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36

Against.

2 Orange,
4 Westchester — Mr˙ Morris dissented.
2 Charlotte.
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8