One hundred and seventy-six blank commissions to be prepared and signed, Harmen Van Bueren appointed Major, Petition of the Committee of Tryon County

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Ordered, That Mr˙ McKesson, one of the Secretaries, pay to Sergeant David Mills twelve shillings, by him paid for the passage of himself and two men under his command, sent up as a guard from Peek' s Kill with a prisoner taken, who had been on board of the enemy' s ships of war in the river. That the Secretary take a receipt for the same˙ And Ordered, That the Treasurer repay to Mr˙ McKesson the said twelve shillings, and charge the same to Continental account.

Die Jovis, 4 ho˙, P˙ M˙, September 5, 1776.

The Convention met pursuant to adjournment.

Present: Abraham Yates, Jun˙, Esq˙, President.

NEW-YORK — Mr˙ Robert Harper, Mr˙ Bancker, Mr˙ Duane.

PUTCHESS — Mr˙ Sackett, Doctor Crane, Mr˙ H˙ Schenck.

ALBANY — Mr˙ Ab˙ Yates, General TenBroeck, Mr˙ Cuyler, Colonel Livingston, Colonel Van Renselaer, Mr˙Adgate.

TRYON — Mr˙ William Harper, Mr˙ Moore, Mr˙ Veder, Mr˙ Newkerk.

SUFFOLK — Mr˙ William Smith.

WESTCHESTER — Colonel Cortlandt, Mr˙ Haviland, Judge Graham.

CHARLOTTE — Mr˙ Duer, Major Webster, Colonel Williams.

ULSTER — Colonel De Witt, Mr˙ Tappen.

ORANGE — Mr˙ Wisner, Colonel Allison, Mr˙ Joseph Smith.

CUMBERLAND — Mr˙ Sessions, Mr˙ Stevens.

On motion, Ordered, That the Secretaries prepare the following number of Commissions, to be signed by the President and attested by one of the Secretaries, and transmitted to the County Committees hereafter mentioned, on the conditions prescribed in the Resolution of the Convention of this State of the day of last, viz:100 Commissions for the County of Albany; 50 Commissions for the County of Tryon; 20 Commissions for the County of Charlotte; 6 Commissions for the Third Battalion of Westchester County.

On motion of the Deputies of Albany,

Resolved and Ordered, That Harmen Van Butren, Esq˙, be appointed Major of the Seventh Regiment of Militia of the County of Albany, and that a Commission issue for that purpose.

The Petition of the Committee of Tryon County, dated the instant, was read and filed˙ They therein set forth that the Militia of that County would be more advantageously regulated if a Brigadier-General was appointed in that County, as the distance they are from Brigadier-General Ten Broeck, whom they esteem, is a great inconvenience.

Brigadier-General Ten Broeck, present, informed the Convention that it is a disadvantage to the Militia of Tryon County, and an inconvenience to himself, to have those Militia in his Brigade, and the more especially as the Major of Brigade resides in Tryon County, at a great distance from him.

Thereupon, Resolved, That the Militia of Tryon County be formed into a Brigade separate from the Militia of Albany.

And whereas Nicholas Herkhiemer, Esq˙, is justly entitled to be appointed the Brigadier-General of the Brigade of Militia of Tryon County, as well from his military rank in that County, as from his great merit and many exertions in the present glorious struggle for liberty:

Therefore, Resolved, unanimously, That Nicholas Herkhiemer, Esq˙, be appointed Brigadier-General of the Militia of Tryon County, and that a commission issue to him accordingly for that purpose.

And Ordered, That John Frey, Esq˙, be appointed Brigade-Major of that Brigade.