Committee of Ulster County requested to transmit a true statement of their proceedings relative to the election of Deputies, Dr. Azor Betts charged by the Committee for the City and County with having inoculated persons in the Army for the ' small-pox, Case of William Newton, charged with refusing Continental Paper Money, Andrew Gautier ordered to appear before the Congress to support his appeal from the General Committee of the City, on the charge of his refusing the Continental Paper currency, Committee to frame a Law of the Congress in pursuance of the spirit and intention of the Resolutions in the Report on intestine enemies, Committee to consider the state of the Militia of the Colony, Letter from the Committee of Kingston, with the examinations of James and Lemuel Monger, charging them with counterfeiting the Bills of Credit

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Die Sabbati, 9 ho˙ A˙ M˙, May 25, 1776.

The Congress met pursuant to adjournment.

Present: Brigadier-General Woodhull, President.

FOR NEW-YORK. — Colonel Broome, Mr˙ Sands, Mr˙ Jay, Mr˙ Jacobus Van Zandt, Mr˙ Randall, Mr˙ Bancker, Colonel Remsen, Mr˙ Scott.

FOR ALBANY. — Mr˙ Cuyler, Mr˙ Glenn.

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

FOR TRYON. — Mr˙ Moore, Mr˙ Harper.

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

FOR ORANGE. — Mr˙ Haring, Mr˙ Little.

FOR KING' S. — Mr˙ Polhemus, Mr˙ Leffertse, Captain Jeremiah Vanderbilt.

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

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

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

FOR CHARLOTTE. — Colonel Malcom, Mr˙ Webster.

Matthew Cantine, Esquire, appeared and produced the Credentials of the Deputies chosen to represent the County of Ulster in Provincial Congress, dated at New-Paltz, April16th, 1776, and signed by Johannes Hardenburgh, Chairman of the Committee of the said County; whereby it appears that Colonel Charles Dewitt, Colonel Abraham Hasbrouck, Colonel Johannes Snyder, Matthew Cantine, Esquire, Matthew Rhea, Esquire, Mr˙ Arthur Parks, Henry Wisner, Jun˙, Esquire, and Samuel Brewster, Esquire, were duly elected to represent the said County in Provincial Congress, with power, in conjunction with the other Counties, to elect Delegates for this Colony in Continental Congress, and a recommendation to them to nominate George Clinton, Esquire, as one of the said Delegates.

Colonel Abraham Hasbrouck also appeared and produced another Credential from the same County, of the same date, and signed by Johannes Hardenburgh, Chairman of the said County Committee, whereby it appears that the same gentlemen

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were duly elected to represent the said County in Provincial Congress, and that any two of them be a quorum, reserving to the people of the County at large the right of choosing a Delegate for the Continental Congress.

The said Credentials were respectively read; and the question being put, whether those gentlemen shall take their seats: Agreed that those gentlemen (as well as any other of the gentlemen in the said Credentials named) take their seats.

And Ordered, That a Letter be written, enclosing copies of the said Credentials, to the Chairman and Members of the Committee of Ulster County, requesting of them to transmit to this Congress, without delay, a true statement of the proceedings of the said Committee relative to the election of Deputies for the said County; and, further, that they inform the Congress of the reasons for sending two sets of Credentials, contradictory to each other with respect to the subject of appointing Delegates for the Continental Congress.

Mr˙ Sands reported that he had spoken with Colonel Curtenius on the subject of contracting to supply Captain Hamilton' s Artillery Company with Provisions; that Colonel Curtenius refused entering into contract himself, as he could not attend to the business — his time being altogether taken up with other publick business; but that Cornelius Roosevelt and Wessel Wessels were willing to contract for supplying the said Company with Provisions, at the rate of 10 1/2d˙ per ration, and that Colonel Curtenius would become surety for their true and faithful performance of the same.

Ordered, That Mr˙ Sands be authorized to make the said Contract with those gentlemen on the terms they have offered.

A Return of the Officers of a Minute Company at Newburgh, in Ulster County, whereby it appears that the following persons were elected: Uriah Drake Captain, Jacob Lawrence First Lieutenant, William Ervin Second Lieutenant, and Thomas Dunn Ensign, — was read and filed.

Ordered, That the issuing of Commissions be delayed till the Report of the Committee on General Washington' s two Letters be taken into consideration.

Messrs˙ John Berrian and Robert Harpur, two of the Members of the General Committee of the City and County of New-York, attending, were admitted. They delivered in the Report of the said Committee on the case of Azor Betts, charged with having inoculated persons for the Small-Pox; whereby it appears that Doctor Betts has, by the repeated applications of the Officers of the Continental Army, inoculated some of them — particularly Colonel Molton, Captain Parks, Doctor Hart, and Lieutenant Brown; and that the said Committee has committed the said Azor Betts in close custody in Jail until he be released by order of this Congress.

Messrs˙ Berrian and Harpur further informed, that the wife of Azor Betts, on her examination, says that Lieutenant Seymour, from Long-Island, had informed her that seven persons of the Army (Officers, as she understood) on Long-Island were taking mercurial preparations, and, as he (the said Seymour) supposed, were inoculated or preparing to be inoculated with the Small-Pox.

Ordered, That the Secretaries prepare a copy of the said Report of the General Committee, to be delivered to Major-General Putnam, that he may give such directions to the Continental Army for preventing the Small-Pox among them on Long-Island as he may think necessary.

Messrs˙ Berrian and Harpur also informed the Congress that William Newton, of this City, has been charged and convicted before the General Committee of New-Yorkof violating a Resolution of the Continental Congress, in refusing to receive in payment the Continental Paper money; that the said Newton has since consented to receive the said money in payment. The General Committee therefore request the advice and opinion of this Congress on a doubt which hath arisen in the said Committee, to wit: Whether the said Newton ought, notwithstanding his present willingness to receive the said money, to be held up to the publick as an enemy to this country.

The said Committee were informed, as the opinion of this Congress, that it would be most prudent not to hold the said Newton, up to the publick as an enemy to this country; provided he receive the said money without interest from the day on which the same was tendered to him in payment.

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The same gentlemen also delivered in a certified copy of the Proceedings of said Committee against Mr˙ Andrew Gautier, Jun˙, charged and convicted by the said Committee of violating the Resolution of Continental Congress, in refusing to receive in payment the Continental Paper emission; that the said Committee had resolved to hold Mr˙ Gautier up to the publick as an enemy to his country unless he appealed to the Congress; that Mr˙ Gautier had been sent for, and attended the Committee, and made acquainted with their determination; whereupon the said Mr˙ Gautier informed the said Committee that he would appeal from the decision of their body to that of the honourable Provincial Congress.

Thereupon, Ordered, That Mr˙ Andrew Gautier, Jun˙, appear before this Congress on Wednesday next, at ten o' clock in the forenoon, to support his appeal from the determination of the General Committee of this City, on the charge exhibited against him of violating the Resolution of the Continental Congress, by refusing to receive in payment the Paper currency emitted by the said Congress.

Several Members of this Congress, now present, have not yet taken the oath of secrecy as to such matters as may be charged from the Chair to be kept secret. They were requested to be sworn.

Thereupon Mr˙ Jay, Major Parks, Mr˙ Cantine, Colonel Hasbrouck, and Mr˙ Brewster, came up to the Chair, and were respectively sworn, in the words following, to wit:

"I, ......, do solemnly swear on the Holy Evangelists that I will keep secret all such matters and things as shall, by order of this Congress, be given in charge from the Chair to be kept secret, until leave shall be given from the Chair, by order of this or some future Congress or Legislature of this Colony, to reveal the same."

The Report of the Committee on the dangers to which this Colony is exposed by its intestine enemies, which was approved of and agreed to by this Congress yesterday, was again read.

Ordered, That Mr˙ Scott, Mr˙ Morris, Mr˙ Jay, Mr˙ Haring, and Colonel Remsen, be a Committee to frame a Law of this Congress in pursuance of, and according to, the spirit and intention of the Resolutions contained and agreed to in that Report;

And Ordered, That the said Committee report with all convenient speed.

The Report of the Committee appointed to take into consideration General Washington' s two Letters on the subject of appointing the stations and places of rendezvous of the Militia, was read.

Ordered, That the consideration thereof be postponed till Tuesday next.

Ordered, That Colonel Remsen, Colonel Malcom, Colonel Broome, Colonel Blackwell, Captain Wickham, Mr˙ Cortelyou, and Mr˙ Scott, be a Committee to take into consideration the state of the Militia of this Colony, and proper dispositions of the same, and that they report with all convenient speed.

A Letter from the Committee of Kingston, dated the 22d instant, signed by William Ellsworth, Chairman, enclosing the Examinations of James and Lemuel Monger, charged with counterfeiting and passing Bills of Credit of the Continental emission, and the emission of the Congress of the Colony of Connecticut — that said Mongers are in Kingston Jail, and the Committee request the advice of this Congress in the premises; they also mention that Godfrey Hains, heretofore sent to said Jail, had made his escape.

Ordered, That those Examinations remain until the case of the Money-makers, now confined in New-York, be resumed.

The Petition of Israel and Isaac Youngs, praying to be discharged or admitted to bail, was read.

Ordered, That the said Petition lie on the table.

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Colonel Henry Remsen, from the Committee to consider of the Resolution of the Continental Congress of the 15th of May, for forming a Government, delivered in a Report; which was read.

Ordered, That the consideration thereof be deferred until Monday morning, to be then taken up.

Mr˙ Morris had leave of absence until Monday morning.

Mr˙ Jay the like, their Counties being represented without them.

Mr˙ Conner moved, and was seconded, that the Congress do adjourn until Monday next.

For to-morrow.

4 Suffolk.
4 Westchester.
8 New-York.
4 Ulster.
3 Orange.
2 Charlotte.
3 Tryon.
_
28

For Monday.

2 Richmond.
2 King' s.
4 Queen' s.
_
8

The Deputies from Richmond and Queen' s Counties asked for and obtained leave of absence until nine o' clock on Monday morning.