the Town of Boston, requesting that the Money and other articles of Donations that were given for the relief of those who suffered by means of the Port-Bill, may be ordered into the hands of the Committee of the Town of Boston. Read, and the further consideration of it referred to ten o’clock, to-morrow morning.

Thursday, November 9, 1775.

The Committee on the Message from the major part of the honourable Council, of the 7th instant, reported an Answer to the same, as follows:

May it please your Honours:

This House having received and duly considered your message of the 7th instant, relative to the full and ample powers with which you have attempted to vest General Joseph Frye, for the special defence of the Town of Falmouth and that vicinity, beg leave to observe to your Honours, that this House have before taken into their consideration the very peculiar and distressing circumstances of the Town of Falmouth, and the County of Cumberland, therein recommended, and made such provision, on our part, for their relief, as their necessities demanded, in the resolves passed and sent to your Honours for concurrence on the 4th instant. We shall be at all times ready to take such further measures, on our part, as shall appear necessary to succour and defend any part of this Colony, in such a way as is consistent with the present Constitution of this Colony, the security of the rights of our constituents, and the dignity of their Representatives.

Read and accepted; and Ordered, That Major Cross, Colonel Grout, Mr. Pitts, Captain Partridge, Mr. Story, Colonel Thayer, and Colonel Spaulding, be a Committee to wait upon the major part of the honourable Council with the same.

The Committee to whom was committed another Message from the honourable Board reported.

Read and accepted; and thereupon,

Ordered, That Mr. Gerry, Major Hawley, Colonel Orne, Colonel Sayer, Mr. Hopkins, Mr. Partridge, and Colonel Thompson, be a Committee to. wait on the major part of the honourable Board with the following Message, viz:

May it please your Honours:

This House have considered your message of the 3d instant, with equal candour and concern. When they observe, that in the same message wherein your Honours intimate that you judge it to be your indispensable duty to maintain a claim of an exclusive right of appointing military officers in this Colony, you expressly acknowledge, that it is by the advice and countenance of the honourable the American Congress that this Colony have set up and now exercise the powers of Government, and to whose counsels it is necessary we should conform; when they also consider the clearness and precision of the resolutions of the said honourable the American Congress, of the 18th of July last, touching the method of appointing military officers “in all the United English Colonies in North-America,” and, at the same time, recollect that this Colony has hitherto considered herself as one of them, ever since that union took place, they are constrained to be of opinion that the aforesaid exclusive claim of the honourable Council is altogether indefensible, in any consistency with the above said resolutions; and that it cannot fail to infer dishonour and disgrace, both on your Honours and this House, either jointly or severally to make an application to the honourable Congress for their determination on the meaning of their resolves, and the justness and propriety of your Honours’ claim above mentioned, as will imply an imputation on that honourable body, of obscurity, want of correctness and precision in so important resolutions, made for all the said Colonies, which appear to this House so plain that he who runs may read.

The Committee on the Petition of John Worth and Enoch Coffin, in behalf of the Town of Edgartown, reported.

Read, and Ordered, That the Petitioners have leave to withdraw their Petition.

The Committee for considering the best method of procuring Sulphur reported.

Read and accepted; and Resolved, That Major Cross and Captain Greenleaf, with such as the honourable Board shall join, be, and they hereby are appointed a Committee to procure thirty tons of Sulphur, in such way as they shall judge proper; and if that quantity cannot be procured in this Colony, to hire and fix out a small vessel, at the expense of this Government, for the purpose of obtaining the deficiency; and the former Committee appointed to collect Sulphur are directed to deliver the same to the persons aforesaid, and to cause said article, as they shall procure it, to be transported to such Town or Towns as the said Committee shall think proper, and there stored for the purpose of being manufactured into powder; and they are further directed to apply to this Court for a sufficient sum of money to answer the purposes aforesaid.

In Council, November 10, 1775: Read and concurred.

A Petition of Samuel Freeman, in behalf of the Inhabitants of the Town of Falmouth, representing their distresses, in consequence of the destruction of that Town by the enemy; and also a Letter from Mr. Dean, of the same place, on the same subject. Read, and committed to Colonel Carpenter, Captain Stone, Colonel Lovell, Mr. Caldwell, and Deacon Rawson.

Mr. Speaker communicated to the House a Letter from General Washington, concerning one Smithwick.*

Whereupon, Ordered, That Major Hawley carry the same, together with sundry papers, and some money therewith sent, to the Board. Who returned, that he had delivered the message.

Afternoon.

Notice being given to the House, that one Mr. Lewis, lately out of Boston, was come up by request of General Washington, and now at the door,†

Ordered, That Mr. Gerry, Major Hawley, and Captain Batchelder, be a Committee to make such inquiries of him as they think proper, and report to this House.

Upon a motion, Ordered, That Colonel Orne, Captain Vose, and Mr. Putnam, be a Committee to consider of a proper place for erecting a Powder-Mill, and to make inquiry for some suitable person to build the same; and also for some suitable person to be employed as a manufacturer of the article of Gunpowder, and to consider in what way the business may be most advantageously conducted, and report.

*Colonel WARREN:

SIR: A Mr. Smithwick, now at Watertown, is a person who attempted to get letters and a boat into Boston. His trunk, at Mistick, has a guard over it. ’Tis the general desire he should be sent to Head-Quarters, under the Sergeant and men who are now with Mr. Cox.

By his Excellency’s command,

ROBERT H. HARRISON,
Aid-de-Camp to his Excellency.

In Council, November 9, 1775: Read; and Ordered, That the said Smithwick be immediately apprehended and sent to Head-Quarters, in Cambridge, to wait the order of his Excellency General Washington.

PEREZ MORTON, Deputy Secretary.

† CAMBRIDGE, November 9, 1775.

SIR: A Mr. Lewis, who left Boston yesterday afternoon, informs me that, on account of the scarcity of wood and provisions in that place, General Howe has issued a proclamation, desiring such of the inhabitants as are inclined to leave the Town to give in their names, and a list of their effects, before twelve o’clock this day.

As the caution necessary to be used with these people, to prevent a communication of the small-pox, and the proper care of them when out, are objects of exceeding great importance, I submit them to the consideration of your honourable body before its recess; and if the honourable Council should likewise adjourn, I must also recommend to your attention the necessity there is of constituting some court, before whom all persons inimical, or suspected to be inimical, to America, should be brought for examination. My time is so much taken up with military affairs, that it is impossible for me to pay a proper attention to these matters. There will be sent to you, amongst others, a James Smithwick, who, from an intercepted letter, appears to have resolved to get into Boston. There is a small trunk belonging to him now in my possession, which contains in gold and silver about fifty Pounds lawful money, which it is probable he intended to carry in with him. The owner and Captain of a small coaster, put into Beverly, in distress, bound from Boston to Nova Scotia, will appear before you. They have carried on a trade of supplying Boston with provisions, &c., for some time. I beg leave to refer them to your examination; and I have the honour to be, Sir, your most humble servant,

GEORGE WASHINGTON.

The Hon. James Warren, Speaker, &c.

P. S. Smithwick’s trunk will be sent to you with him.

November 9th, 1775: By the major part of the Council read; and, after consideration of Jonathan Ritchie & Son, the owner and Captain of the small coaster within mentioned, Ordered, That they be immediately sent to the jail in Salem, in the County of Essex, to be held in close confinement, unless they give bonds, with sufficient sureties, for the liberty of the yard; and that a mittimus go to the keeper of said jail accordingly.

PEREZ MORTON, Deputy Secretary.

*