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not from any motive unfriendly to this Country, but from a necessity that results from the particular state of his private affairs. That it appears that the embarrassment to which Mr. Duer is exposed has arisen from a circumstance that has occurred since his last return from Philadelphia.

Resolved, That this Congress does agree with the said Committee in their said Report; and Ordered, That a certified copy of this Report be delivered to Mr. Duer, by one of the Secretaries.

Resolved and Agreed, nem. con., That Robert G. Livingston, Jun., be appointed Deputy Adjutant-General, with the rank of Colonel, in the place of William Duer, Esq., and that he be directed to join the Army, under the command of General Schuyler, with all possible despatch.


4to ho. P. M., August 23, 1775.

The Congress met pursuant to adjournment. Present:

Peter V. B. Livingston, Esq., President, &c.

The President, with leave of the Congress, went to receive the Money brought from Philadelphia by Messrs. Hallett and Dumond, two Members of this Congress, and Colonel Woodhull is elected President pro tempore.

A Letter from Colonel William Bayard was read and filed, complaining that his House is surrounded by armed men of the new levies, and requesting to know if they are posted there by order of the Congress or Committee, or what the meaning of it can be, which would much oblige his family, who are greatly alarmed at it.

Ordered, That Colonel McDougall and Mr. Thomas Smith proceed to Colonel Bayard’s immediately, and make inquiry of the cause of those Troops surrounding Colonel Bayard’s, and discharge them, unless they see cause to detain them there, and that they report to this Congress with all possible speed.

A. Letter from the Committee of Safety at Philadelphia, of the 19th instant, was read and filed, and is in the words following, to wit:

“In Committee of Safety, Philadelphia,
August 19, 1775.
}

“GENTLEMEN: We have received and considered your application for a supply of gunpowder. We had already furnished to the Army and to the neighbouring Colonies all we could safely spare, when an express arriving from General Schuyler, dated the 2d of August, at Ticonderoga, expressing his great want of powder, we forwarded to him two thousand two hundred pounds weight, directed to the care of the Committee at Albany. At the time we sent it we were not informed that a large quantity, which arrived in New-Jersey, from South-Carolina, had been forwarded to him a short time before, which it is likely he had not heard of when he wrote, but which would make our last supply unnecessary. As probably that may not be gone from Albany, we leave it to your consideration whether it may not, on an application to General Schuyler, be brought back from thence for your use.

“We are, Gentlemen, your most obedient humble servants. By order:

B. FRANKLIN, Pres’t.

“To P. V. B. Livingston, Esq., and the Members of the Provincial Congress, New-York.”

Another Letter from the Committee of Safety at Philadelphia, of the 21st instant, was read and filed, and is in the words following, to wit:

“In Committee of Safety, Philadelphia,
August 21, 1775.
}

“GENTLEMEN: We are much obliged by your communication of the intelligence from General Washington, and shall forward it to the Committees down the river. As possibly the enemy may think of calling upon us, it renders it more necessary for us to keep the little powder we have; but when any fresh supply shall arrive here, we shall readily spare you a part of it.

“We are, Gentlemen, your most obedient humble servants. By order:

B. FRANKLIN, Pres’t.

“To P. V. B. Livingston, Esq., and the Members of the Provincial Congress, New-York.”

Mr. Robert Yates moved, and was seconded by Messrs. Polhemus and Verplanck, that the Resolutions of this Congress entered into this day, that the Members shall take the Oath therein mentioned, be reconsidered to-morrow morning. The same being unanimously agreed to,

Ordered, That the same be reconsidered to-morrow morning.

Ordered, That Dr. Dayton, Mr. Robert Yates, Mr. Townsend, and Captain Wickham, be a Committee to take into consideration the state of the Stock on Gardiner’s Island and Montauk, and report to this Congress what they think proper to be ordered or done relating to the said Stock.

Ordered, That Mr. Tredwell and Mr. Melancton Smith be a Committee to take into consideration the Petition of the Executors of the last Will of David Gardiner, deceased, and report a draught of a Letter to the honourable House of Representatives of the Colony of Massachusetts-Bay, agreeable to the prayer of the said Petition.

Ordered, That the Committee appointed to take into consideration the Letter of the Committee of Brookhaven, of the 3d instant, and to report such general Resolutions or Regulations as may be proper to be entered into or ordered by this Congress to be done in cases of this nature, do make report to-morrow.

The Congress adjourned till nine o’clock, to-morrow morning.


Die Jovis, 9 ho. A. M., August 24, 1775.

The Congress met pursuant to adjournment. Opened with prayers by the Rev. Dr. Rodgers.

A Letter from the President to the Secretary was read and filed, informing the Congress that he is overcome with fatigue and want of sleep, and unable to attend.

The Congress then unanimously chose Colonel Woodhull President pro tempore.

Mr. Sears informed the Congress that he had a Letter sealed, which he showed, directed to his Worship the Mayor of this City, and said to be from Captain George Vandeput, of the Ship Asia.

Ordered, That Mr. Verplanck and Mr. Sears wait on the Mayor with the said Letter, and request to know the contents.

Mr. Verplanck returned with the Letter directed to the Mayor, and with his leave to take a copy thereof; which was read, and is in the words following, to wit:

“Asia, August 24, 1775.

“GENTLEMEN: After the event of last night, I think it necessary to inform you, that having had information that it was intended by some people in New-York to take away the guns from the Battery, which, as stores belonging to the King, it was my duty to protect, I sent a boat to lie near the shore to watch their motions. Soon after twelve they began to remove the guns from the Battery, which being observed by the officer in the boat, he left his station to come on board to inform me thereof; but being perceived from the shore, he was fired upon by a great many musketry, by which one of the men in the boat was shot dead. My duty called upon me to repel an act of this sort, as well as to defend the guns, which occasioned me to fire upon the Battery. I acquaint you of this, that the people of the Town may not imagine it is my intention to do them any hurt, which I wish as much as possible to avoid; but if they will persist in behaving in such a manner as to make their safety and my duty incompatible, the mischief that may arise must lie at their doors, and not at mine. An answer is desired.

“I am, Gentlemen, your most obedient humble servant,

GEO. VANDEPUT.

“To the Mayor and other Magistrates of the City of New-York.”

Ordered, That Mr. Robert Yates, Mr. Thomas Smith, and Mr. Kissam, be a Committee to examine witnesses and take affidavits relating to the attack mentioned in Captain Vandeput’s Letter, and the attack made by him on this City.

Resolved and Ordered, That Peter Van Brugh Livingston, Esq., pay to Peter T. Curtenius Twenty Thousand Pounds, to be applied towards discharging the debts contracted by purchasing Provisions, Military Stores, and

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