13 Messrs. McDougall and Thomas Smith, of New-York, dissent from their County.

Resolved, therefore, That the question on Colonel Hardenbergh’s motion be not now put.

The said Report being then read through, and agreed to and approved of, is in the words following, to wit:

Whereas it is highly necessary, for the sake of liberty, that the duration of the power of all persons intrusted with high authority should be limited to a short period, and more especially when they are nominated by and their authority delegated unto them from the body of the People:

Resolved, therefore, That this Congress shall be dissolved on Tuesday, the 14th day of November next. And forasmuch as it appears to us highly necessary that a Provincial Congress should exist until the disputes between Great Britain and America shall be adjusted, and that the Members of that Congress should be so proportioned as to give a due weight of representation to the several parts of the Colony, it is therefore recommended to the good people of this Colony, that those who are qualified to vote for Representatives in General Assembly, do choose such persons as they can confide in, to represent them, as Deputies of this Colony, in Provincial Congress, until the second Tuesday in May next, unless a reconciliation with Great Britain shall sooner take place; and that the Deputies so chosen meet at the City of New-York, on the said fourteenth day of November next. And it is further recommended, that the election be held at the usual places for election of Representatives in General Assembly, in the several Counties, on Tuesday, the seventh day of November next, by the respective Committees of the several Counties, or at such other places as the said Committees shall previously appoint, and duly notify to their several Counties.

And in order to proportion the Members of each County, it is Resolved, That the City and County of New-York have twenty-one Members; the City and County of Albany, twelve Members; the County of Dutchess, nine Members; the County of Westchester, nine Members; the County of Ulster, eight Members; the County of Suffolk, eight Members; the County of Orange, six Members; the County of Queen’s, eight Members; the County of King’s, four Members; the County of Richmond, four Members; the County of Tryon, four Members; the County of Cumberland, three Members; the County of Gloucester, two Members; the County of Charlotte, two Members.

Resolved, That this Congress does agree with their said Committee in the said Report; and Ordered, That the same be published in all the Newspapers.

A Letter from Mr. John Hanson, one of the Commissioners for erecting the Fortifications, was read and filed, and is in the words following, to wit:

“October 18, 1775.

“GENTLEMEN: I have taken the liberty to enclose to you the papers delivered to me by Mr. Yates and Mr. Glen. Those gentlemen behaved with the greatest politeness, and I imagined that their observations would have been sufficient to have set every thing at the fort in proper order. As for my part, when I undertook that business, it was from pure love to my Country and to the rights of mankind, without any views of self-interest, and never expected any pay for what I did; and I believe that those who were joined with me acted from the strictest principles of honour. I can, with truth, say that never any man was ill used, passing that river, by any of us, unless he abused us; and then he received but a small check, not equal to his demerits. It would have been acting genteel to have inquired into the complaint hid before the Congress, before passing a censure upon the gentlemen at the fort, contained in the four first lines of your letter to them. When men act from principle, and are placed at any particular post of consequence, and find themselves in a precarious situation, it naturally follows, they must exercise their own judgment for the good of the post, and ought to be supported by those who placed them there; which has not been the case in this instance. An insult offered to them, was offered to the Congress; and the abuse of the complainants in Congress ought not to have been permitted. Had the Congress answered our letter relative to the very thing complained of, this never would have happened. I must therefore request, gentlemen, the favour of the Congress to appoint somebody in my room, for I will never go back to the fort.

“I am, very respectfully, Gentlemen, your obedient humble servant,

JOHN HANSON.”

Ordered, That the consideration thereof be referred till to-morrow morning.

The Congress then adjourned until nine o’clock, tomorrow morning.

Die Jovis, 9 ho. A. M., October 19, 1775.

The Congress met pursuant to adjournment. Present:

Nathaniel Woodhull, Esq., President.

A Petition from Samuel Tudor, praying for rank for himself and Company, was read and filed, and is in the words following, to wit:

“New-York, October 18, 1775.

“SIR: As I am informed the honourable Congress has it under consideration to fix the rank of the City Artillery Companies, my entreating it to be determined as soon as convenient, and offering my sentiments thereon, will not, I hope, be thought presumptuous. My duty to you, myself, and the Company I have the honour to command, urge me thereto: to you, Sir, that you be properly informed; to myself and the Company, that in case we be deprived of our rights, I shall stand acquitted of remissness. I therefore beg leave to inform you, that my Company is of as long standing as Captain Rutgers’s commission—that is, about three years; that his Company does not consist of half my number; that mine was always styled the First Company, and, until now, was the only Artillery Company; and that it has been kept up with great expense and industry, for the service of this Country; which good intention, I fear, will be defeated, should it lose that rank which we, with submission, think it justly entitled to—of remaining the First Company. The event, Sir, I have some cause to apprehend, from Captain Rutgers receiving an order for two pieces of cannon, whilst I, with a much larger and disciplined Company, have received but one; and am, therefore, disappointed in my early repeated applications to your honourable body, in the promise I had of being first supplied, and the pains I took to forward the casting them.

“I am, with great respect, Sir, your most obedient humble servant,

SAMUEL TUDOR.

“To Nathaniel Woodhull, Esq.”

Ordered, That Mr. Clarkson, Mr. Thomas Smith, and Mr. Morris, be a Committee to inquire into the pretensions of Captain Rutgers and Captain Tudor, and their respective Companies, and report their opinion with respect to the rank of those gentlemen and their Companies.

A draught of Instructions to the Superintendents at the Fortifications in the Highlands, respecting vessels passing the said Fortifications, was read and filed, and is in the words following, to wit:

In Provincial Congress, New-York, October 19, 1775.

GENTLEMEN: We are favoured with yours of the 15th instant, and are pleased with your activity in forwarding the fort and works under your charge in the Highlands. To obviate all disputes relative to your conduct, it is our desire that you would dispense with the ceremony of vessels lowering their peak as they pass the fort; we think it cannot answer the purpose of detecting the foe; and that for the future you would observe the following rules:

1st. In general, we do not apprehend any danger can arise from vessels coming from the northward. You may, therefore, let them pass unmolested, unless you shall have evidence, on oath, or a certificate from some Committee, previously given, that they are intended to supply the Ministerial Army or Navy with succours or necessaries; in which case, you are to detain them until you can give the Congress or the Committee of Safety notice thereof, together with such evidence or certificate, and receive their orders.