“Fort Constitution, October 12, 1775.

“HONOURABLE GENTLEMEN: By order from the Committee of Safety, I am up here for the purpose of constructing this fort; said gentlemen gave me their words that I should be appointed principal Engineer for this Province, with the rank and pay of Colonel. As I have been now actually engaged in this work since the 29th of August last, I should be glad to know the certainty of my appointment, and therefore humbly pray that my commission may be made out and sent. I have left the pursuit of my own business, which was very considerable, and endangered my pension from the Crown, by engaging in our great and common cause. These matters considered, I hope my request will be thought reasonable, and therefore complied with.

“I remain, with the utmost respect, honourable Gentlemen, your most obedient humble servant,

“B. ROMANS.”

Ordered, That the same be taken into consideration when the Proceedings of the Committee on that subject are read.

Ordered, That Peter Van Brugh Livingston, Esq., as Treasurer of this Congress, advance to James Byers, who is casting Brass Field-Pieces by order of this Congress, the sum of two hundred and fifty Pounds, on account, and that Mr. Livingston take James Byers’s receipt for the same, on account.

A long Letter, in French, from Jean Viellatt, on behalf of himself and some other French gentlemen from Canada, who are prisoners at Albany, was read in English, by Mr. Morris.

Ordered, That the same be enclosed to the New-York Delegates at Congress.

Thereupon, the draught of a Letter to the Committee at Albany was read and approved of, and is in the words following, to wit:

In Provincial Congress, New-York, October 13, 1775.

GENTLEMEN: The Canadian prisoners in your City have applied to us in order to obtain their liberty, which it certainly is not in our power to give them. The Generals, Schuyler and Montgomery, must have had good reason to take them into custody. Yet it is our duty to alleviate as much as possible the evils of their confinement. We therefore request this of you, and also to provide them with lodgings and board at the publick expense, taking the necessary precautions to prevent their escape. We are, &c. To the Committee of Albany.

Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted.

A draught of an answer to the said Jean Viellatt, was read and approved of, and is in the words following, to wit:

In Provincial Congress, New-York, October 13, 1775.

GENTLEMEN: We are sorry that the fortune of war hath deprived you of liberty, and are unacquainted with the reasons which have induced the Generals to take that step. It is our misfortune, equally with yours, that we are not authorized to take this matter into our consideration, and therefore we have sent your memorial to the Continental Congress, who are alone competent. All that is in our power, is to obey the dictates of humanity, by endeavours to alleviate the rigours of your captivity. For this purpose we enclose you a letter to the Committee of Albany, which you will be pleased to deliver them; and believe that we are, with respect, your countrymen.

To Mr. Jean Viellatt and his Companions at Albany.

Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted.

A draught of a Letter to the Delegates of the Colony of New-York, in Continental Congress, was read and approved of, and is in the words following, to wit:

In Provincial Congress, New-York, October 13, 1775.

GENTLEMEN: We enclose you the memorials from some prisoners in Albany, on neither of which shall we make any comment. You will lay such of them before the Congress as you think proper. We are, &c.

To the Delegates of the Colony of New-York, at Congress, Philadelphia.

Ordered, That a copy thereof be engrossed, and signed by the President, and, together with the papers therein mentioned, transmitted.

The Congress then proceeded to hear the Proceedings of the Committee of Safety on the afternoon of the sixth day of September last.

On reading the Letter of Samuel Bayard, Esquire, Ordered, That the same remain for further consideration.

On reading the Letter of Nicholas Low, of the 6th of September last, for leave to ship Flour,

Ordered, That a Letter be wrote to the Continental Congress, requesting their directions, whether the Inhabitants of this Colony ought to be prevented from exporting Provisions or any other articles to any places whatsoever, except those interdicted by the General Association of the Congress.

Thereupon, a draught of a Letter to the Continental Congress was read and approved of, and is in the words following, to wit:

In Provincial Congress, New-York, October 13, 1775.

SIR: I am directed to request the favour of you to take the sense of the honourable Congress, and to give us their answer by return of the post, or first other good conveyance, whether the inhabitants of this Colony ought to be prevented from exporting provisions or other articles to any places whatsoever except those interdicted by the General Association of the Congress.

I am, with the greatest respect. By order of the Congress:

To the Honourable John Hancock, Esq., President of the Continental Congress.

Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted.

The Congress then proceeded to hear the Report of the Proceedings of the Committee of Safety on the 7th of September last. And on reading the Certificate of Jacobus Stoutenbergh, the Congress conceived his estimate of the Arms, therein mentioned, to be too high.

Ordered, That inquiry be made, what is become of the Accoutrements mentioned in that Certificate, and that the same be further considered hereafter.

The Congress then proceeded to hear the residue of the Proceedings of the last Committee of Safety on the seventh, and their Proceedings on the eighth day of September last. Thereupon, Mr. Low moved, and was seconded by Mr. Verplanck, in the words following, to wit: “I move that the sense of this Congress be taken, whether the evidence, which appears to this Congress, was sufficient to authorize the taking of Mr. Bethune.” Debates arising thereon, and the day being near elapsed,

Ordered, That Mr. Low’s motion be postponed till tomorrow morning.

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

Die Sabbati, 9 ho. A. M., October 14, 1775.

The Congress met pursuant to adjournment. Present:

Nathaniel Woodhull, Esq., President, &c.

Mr. John Moore, of Tryon County, attending at the door, was called in. He produced a Certificate from the Committee of Tryon County, signed by Nicholas Herckheimer, Chairman. Was read and filed, and is in the words following, to wit:

“Tryon County Committee Chamber, September 13, 1775.

“HONOURABLE GENTLEMEN: Agreeable to a resolve of this Committee, instead of your late Delegate at the Provincial Congress of New-York, Mr. John Moore, a member of our Committee, was chosen by a majority of votes to represent our County in the said Provincial Congress of New-York, as our Delegate, whom we recommend to be accordingly accepted on that purpose; and we are of the humble opinion that one will suffice as representative for our County, as the expense for two would be too burdensome for our small County. Relying on your favourable grant, we are always, with much regard, honourable Gentlemen, your obedient humble servants.

“By order of the Committee:

“NICHOLAS HERCKHEIMER, Chairman.”

Ordered, That Mr. John Moore take his seat.

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