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pay for sundry supplies from that quarter. I would submit it to your wisdom, whether it would not be proper to order them supplied with two or three hundred Pounds for these purposes, as the transmission of orders drawn in their favour by the Commissioners is attended with many inconveniences to them, and may, in its consequence, obstruct the publick business. I am, Gentlemen, with the greatest respect, your obedient humble servant, JOHN BERRIEN. To the Honourable Provincial Congress. Thereupon, Ordered, That Peter Van Brugh Livingston, Esq., as Treasurer of the Provincial Congress of this Colony, do advance to Mr. John Berrien, one of the Commissioners for erecting the Fortifications on the banks of Hudsons River, in the Highlands, the sum of two hundred Pounds, for the purpose of enabling the said Commissioners to pay off the demands of the country workmen and labourers at the said Fortifications; and that Mr. Livingston take Mr. Berriens receipt for the same. A Letter from Colonel Goose Van Schaick, of the 15th instant, was read and filed, and is in the words following, to wit: Albany, October 15, 1775. SIR: Agreeable to General Schuylers orders to me, I send down Sergeant Neill McFall, of the Twenty-Sixth Regiment, and William Elphinston, both taken in Canada. These prisoners will be delivered you by Thomas Batts, Sergeant in the Connecticut troops; hope he will deliver them safe to your custody. I am, with perfect esteem, your most obedient and humble servant, GOOSE VAN SCHAICK. To Peter V. B. Livingston, Esq., President of the Provincial Congress in New-York Neill McFall and William Elphinston were called in and examined. And thereupon Neill McFall, a Sergeant in the Twenty-Sixth Regiment of Foot, a prisoner taken in the Colony of Canada, or Province of Quebeck, and now in the power of the Provincial Congress at New-York, being enlarged on the promise of himself and Thomas Mason, of the City of New-York, Innholder, his father-in-law, given to the Provincial Congress of New-York, that he, the said Neill McFall, will not bear arms against the American United Colonies, in any manner whatever, during the present unhappy controversy between Great Britain and the Colonies; and that he will not give any intelligence to General Gage, or the British Ministry, or any officer in the Ministerial Army or Navy, or any other person or persons whatever, relative to American affairs, until the said controversy shall be determined; and that he will, on demand, deliver himself up a prisoner to the Provincial Congress or Committee of Safety for the Colony of New-York: It is therefore recommended to all persons, that the said Neill McFall be permitted to remain peaceable and unmolested in the City of New-York.
Ordered, That a copy thereof be signed by the President, and countersigned by one of the Secretaries, and delivered to the said Neill McFall. William Elphinston, Jun., was informed that his former conduct did not entitle him to the like treatment or favour as Neill McFall; because, that when he was taken by Colonel Arnold, and liberated, he had entered a second time into the Ministerial service. But this Congress have such a high sense of liberty, that they determine to permit him to go at large on the like engagement, of himself and of his father here present, as that given by Neill McFall and Thomas Mason. Thereupon, the said William Elphinston, Junior, and William Elphinston, his father, did promise and engage to this Congress, that the said William Elphinston, Junior, will not bear arms, or serve in any other manner, against the American United Colonies, in any manner whatever, during the present unhappy controversy between Great Britain and the Colonies; and that he will not give any intelligence to General Gage, or the British Ministry, or any officer in the Ministerial Army or Navy, or any other person or persons whatever, relative to American affairs, until the said controversy shall be determined. Thereupon, the said William Elphinston, Jun., was discharged, and informed that he might go to sea in the merchant service, or pursue any business for his support. In pursuance of the Order of yesterday, Timothy Doughty, a prisoner, being brought to the door, was called in. The letter from the Chairman of the Committee of Dutchess County, and all the affidavits and proofs against the said Timothy Doughty, were read in his presence; and the said Timothy Doughty, who declined a trial by the Committee of the County where he resides, and put himself, as to all the charges against him, on this Congress, was fully heard in his denial of the charges against him and his defence, and ordered to withdraw; and the Congress came to a determination thereon, in the words following, to wit: In Provincial Congress, New-York, October 20, 1775. The Congress having taken the case of Timothy Doughty, now a prisoner before them, into their serious consideration, do determine, that notwithstanding his constant denial of the matters laid to his charge, they are of opinion, that the said Timothy Doughty hath formerly entertained designs and opinions inimical to the great cause of American liberty, and been a principal instigator of the disturbances which have of late prevailed in the County of Dutchess, and that therefore he hath merited the hardships and sufferings which he hath sustained during his imprisonment. Nevertheless, as he did continue in prison when he had an opportunity to escape, and did voluntarily repose himself upon the equity of this Congress, and hath further promised that he will for the future demean himself in a peaceable and orderly manner, the Congress do resolve to acquit the said Timothy Doughty from any further punishment, and recommend it to their constituents to receive him again as a member of the community. The said Timothy Doughty was thereupon called in, and the determination of the Congress read to him, and, by order of Congress, a certified copy thereof was delivered to him; and he was thereupon discharged. Ordered, That another certified copy thereof be delivered to the Chairman of the Committee of Dutchess County. Ordered, That Peter T. Curtenius, as Commissary of this Congress, be requested, with all possible despatch, to procure, for the use of this Colony, the following Intrenching Tools, viz: 100 Spades, 400 Pick-Axes, 300 Bill-Hooks, and 500 Falling-Axes; and that he have each of them marked C. N. A draught of a Letter to the President of the Continental Congress was read and approved of, and is in the words following, to wit: In Provincial Congress, New-York, October 20, 1775. SIR: Over and above the necessary expenditures, by reason of the different services recommended to us, we are in advance to the general concern for moneys paid to the troops, and also for provisions and other necessaries for by the order of the Continental Generals, and tents furnished to the troops under the command of General Wooster and General Hinman, and many other expenditures, which several articles, in the departments of the Paymasters and Commissioners, amount, in the whole, to a very considerable proportion of the moneys sent us by your body. We have now not above five thousand dollars remaining, and are continually called upon for cash, on several occasions interesting to the service. We beg, therefore, that you will forward us money by the first opportunity; the necessity of which, we doubt not, will be immediately perceived. We shall, as soon as possible, lay before the Commissioners, Paymasters, &c., our accounts, and send duplicates to the Congress, in order to check the drafts which they may make; and, in the interim, pray your advice, whether those gentlemen are to repay unto us the moneys advanced in their departments. We are, Sir, with great respect, your most obedient and humble servants. To the Hon. John Hancock, President of the Continental Congress. Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted.
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