James Walker, suspected of being inimical to the rights and liberties of America, to be tried by the Court of Commissioners for the County of Norfolk, June 7, John Goodrich to be released from his chains and conveyed under a strong guard to a proper place for the recovery of his health Memorial from William Aylett, Letter from Henry Stuart, Deputy Superintendent of Indian Affairs, to the Inhabitants on the frontiers, laid before the Convention

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Friday, June 7, 1776.

Mr˙ Cary, from the Committee of Privileges and Elections, reported, that they had, according to order, proceeded to the examination of James Walker, who was apprehended on suspicion of being inimical to the rights and liberties of America, and had come to the following Resolution thereupon; which he read in his place, and afterwards delivered in at the Clerk' s table, where the same was again twice read, and agreed to.

Resolved, That the said James Walker be tried by the Court of Commissioners for the County of Norfolk.

A Representation of Brigadier-General Lewis was presented to the Convention, and read; setting forth the necessity of retaining Mr˙ John Stadler, Engineer in the Continental Army, in the service; which could only be done by increasing the pay and allowance made him by the Continental Congress, on which he could not support himself.

Resolved, That the said John Stadler be allowed 10s˙ per day, including the pay allowed him by Congress, and all travelling expenses which may exceed that sum, a theodolite and chain to be furnished by the publick, together with a servant and horse, to carry those instruments; that his rations be equal to those of a Captain, and that forage be allowed him for two horses; and that the said pay do commence from the 4th day of May last, and continue so long as he shall remain in the service of this Colony.

Mr˙ Cary, from the Committee of Privileges and Elections, reported, that the Committee had, according to order, examined into the cases of John McIntire, Alexander Thompson, George Oldner, William Ancock, and Stephen Sampson, Jun˙, who were apprehended on suspicion of their being inimical to the rights and liberties of America; and that it appeared to them, that the said John McIntire was formerly a sailor in a vessel belonging to William Black, and was impressed on board a man-of-war, from which he made his escape, and was taken in the neighbourhood of Norfolk. That the said Alexander Thompson was a resident in Portsmouth, and taken from thence and sent to the publick Jail, but that no testimony was offered them respecting his conduct. That it appeared the said George Oldner hath been unfriendly to the American cause, but committed no act which brings him within the Ordinance for imprisoning the enemies of America. That the said William Ancock was taken near Norfolk, and is a sailor belonging to the Otter man-of-war. That the said Stephen Sampson was taken in company with the said William Ancock, and is an apprentice to Thoroughgood Smith & Co˙, of the Eastern-Shore. And that they had come to the following Resolutions thereupon; which he read in his place, and afterwards delivered in at the Clerk' s table, where the same were again twice read, and agreed to.

Resolved, That the said John McIntire be discharged from confinement.

Resolved, That the said Alexander Thompson be discharged from confinement.

Resolved, That the said George Older be removed from the County of Norfolk to an interior part of the country, agreeably to a Resolution of this Convention.

Resolved, That the said William Ancock is a prisoner of war, and that this Resolution be communicated to the Commanding Officer.

Resolved, That the said Stephen Sampson be delivered to the said Thoroughgood Smith & Co.

Mr˙ Cary, from the Committee of Privileges and Elections, reported, that the Committee had, according to order, examined the cases of five Negro slaves now in the publick Jail; and that it appeared to them, that the said slaves came from the Eastern-Shore to Norfolk in a vessel belonging to Edmund Bailey, of the County of Accomack, which they look from him in the night, with design to join Lord Dunmore; that they were taken by a party of soldiers in the pay of this Colony, and sent to Jail by order of Colonel Woodford; that three of the said slaves, named Joe Acum, Joe, and Gabriel,

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a lad, are the property of the said Edmund Bailey; that one other, named Luke, is the property of the said John Bailey, of the said County; and the fifth, named Peter, is the property of Thomas Jacobs, of the same County; and that they had come to the following Resolutions thereupon; which he read in his place, and afterwards delivered in at the Clerk' s table, where the same were again twice read, and agreed to:

Resolved, That the Negro lad named Gabriel be delivered up to the said Edmund Bailey.

Resolved, That the other Slaves be sent up the country, and employed in some publick works; and that there should be paid to the Masters of the said Slaves, by the publick, so long as they shall be in their service, the following sums per annum, that is to say: To Edmund Bailey, for Joe Acum, £12, and for Joe, £8; to John Bailey, for Luke, £8; and to Thomas Jacobs, for Peter, £8.

Ordered, That the Committee of Safety be desired to carry into execution the foregoing Resolutions.

Mr˙ Starke, from the Committee appointed to inquire into and report the state of the Prisoners confined in the publick Jail, reported, that they had, according to order, examined into the same; and that it appeared to them that the said Jail being badly planned and situated for the purpose of admitting a free air, all the prisoners are more or less distressed on that account; that this inconvenience is greatly increased, as well by a large number of persons being under confinement in the same small apartment as the heat of the weather; that although most of the rooms seem to have been properly attended to and kept in tolerable decency, an offensive smell, which they think would be injurious to the most robust health, prevails in them all, but which they think might, in a great measure, be removed by burning tar in and frequently purifying the rooms with vinegar; that the rooms in which the negroes are confined abound with filth, a circumstance, as they are informed, owing to the want of necessary hands to assist in providing for so large and unusual a number of prisoners; that several windows may, with safety, be cut in the walls of the Jail; that ventilators, if properly fixed, would be of infinite service; that some complaints were made by the prisoners against the unwholesomeness of their diet, which, upon inquiry, were found to be groundless; that John Goodrich, the elder, is at present, and hath been for three days past, indisposed with a slight fever, proceeding, as they imagine, from a restlessness and peevishness under his chains; that two gentlemen of the faculty have advised his removal to some other place, lest that disorder, which at present is but slight, might in a short time, for want of fresh air, terminate in a putrid fever.

Resolved, That the Convention doth agree with the Committee in the said Report, and that the said Committee do immediately provide for the several matters mentioned in the said Report; that the chains be taken off the said John Goodrich, and that he be conveyed to a proper place, under a strong guard, for the recovery of his health.

Ordered, That Josias Rogers, a prisoner of war, be conveyed to Charlottesville, and there admitted to his parole not to depart without the limits of the said town.

A Memorial of William Aylett was presented to the Convention, and read; setting forth, that he is informed it hath been suggested to the Convention that the soldiery have been charged more for goods in the publick store than they could have purchased them of the merchants; particularly that osnaburgs, which might be had for two shillings, was sold at the publick store for four shillings per yard; that he declares it as his opinion it is highly meritorious in the Convention to pay a strict attention to publick officers, by frequent examinations into their conduct; and as nothing could be more agreeable to him than to receive from the Representatives of his country an approbation of his conduct, it gave him great pleasure to hear that the Convention had appointed gentlemen to inquire into the truth of the above suggestion, which he begs leave to assure them is entirely void of foundation; that osnaburgs have never been sold higher in the publick store than one shilling and six-pence per yard till about a month ago, when a quantity was imported on the Colony account, which has been issued at two shillings per yard, and which, to have done strict justice to the country, ought, in part, to have been sold at two shillings and four-pence, as all kinds of goods imported from the

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West-Indies are sold at one hundred per centum at least in the wholesale way; that the Committee of Safety gave Mr˙ John Dixon that advance for a parcel of goods brought in the same vessel, and he gave the same for all goods he purchased in Philadelphia; that he can venture to affirm that since the commencement of the publick store the soldiery have been furnished at from twenty-five to fifty per centum cheaper than they could have got them elsewhere; that he hath hitherto considered himself as an agent appointed to do strict justice between the country and the soldiery, and therefore hath exerted himself to procure goods upon such terms as not only to furnish the troops lower than they could supply themselves elsewhere, but, at the same time, to secure the country from loss, by a moderate profit; that it hath been a standing rule, in all contracts for articles furnished from the northward, to allow them the difference in the currency, which he charges, except in some articles which will not bear it, although he has sold goods purchased on his private account from fifteen to thirty per centum upon the cost in Philadelphia, which, considering the risk by water, was not unreasonable, and this risk the publick goods were obliged to encounter, there being a great quantity of low-priced bulky articles; that by this method of importing them five per centum will pay every expense, and consequently will, in this instance, gain a profit by the risk; that the Colony lost the cargo sent out by Mr˙ Dixon, and that it is reasonable it should have the common profit on the goods imported; that he has made it his endeavour, on all occasions, to give content to the soldiers, and has never heard a complaint from any of them; that if the Convention are of a different opinion respecting the profits, he hopes no fault will be imputed to him, as they have it in their power to dispose of the goods as they shall think proper; that he cannot, at this time, say what the profits will be, as there are many goods on hand; but he will, if the Convention direct him, immediately proceed to take an inventory, and let them know the state of his accounts.

Ordered, That the said Memorial be referred to the Committee appointed to inquire into, and report, the cause and means of depreciating the value of the Paper money of this country, and at what rates the goods are sold in the publick store; that they inquire into the allegations thereof, and report the same, with their opinion thereupon, to the Convention.

The Convention then, according to the Order of the Day, resolved itself into a Committee on the Ordinance for augmenting the Ninth Regiment of Regular forces, providing for the better defence of the frontiers of this Colony, and for raising four Troops of Horse; and after some time spent therein, Mr˙ President resumed the chair, and Mr˙ Blair reported that the Committee had, according to order, had the said Ordinance under their consideration, and had gone through the same, and made several amendments thereto; which he read in his place, and afterwards delivered in at the Clerk' s table, where the same were again twice read, and agreed to.

Ordered, That the said Ordinance, together with the Amendments, be fairly transcribed, and read the third time.

The Orders of the Day, for the Convention to resolve itself into a Committee on the Declaration of Rights and on the state of the Colony, being read,

Ordered, That the same be put off till to-morrow.

An attested copy of a Letter from Henry Stuart, Deputy Superintendent of Indian Affairs, directed to the inhabitants on the frontiers, informing them that five hundred Indian Warriors from each Nation were to fall on the said frontiers, while other forces were to make a diversion on the sea-coast, was presented to the Convention, read, and ordered to be referred to the Committee on the state of the Colony.

Adjourned till to-morrow, ten o' clock.