Grout, who are directed to consider the same, and report at the next meeting of this Court.

On the Petition of Thomas Gould, Resolved, That the Schooner Williams, belonging to John Price, formerly of Salem, in this Colony, now at Halifax, (a Tory of the first magnitude, ) together with her appurtenances and cargo, be detained in the hands and under the care of the Committee of Correspondence of the Town of Chatham, till the further order of this Court.

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

The House gave leave to the Overseers of the Poor of the Town of Salem, and also to George Armstrong, to withdraw their Petitions.

The Committee on the Petition of Samuel Freeman reported. Read and accepted.

Whereas, by the late unparalleled inhumanity of the British Forces, in burning the greatest part of the buildings in the Town of Falmouth, many of the inhabitants of that Town are reduced to great distress and want, and stand in need of immediate relief: therefore,

Resolved, That there be allowed and paid out of the publick Treasury of this Colony, to Mr. Samuel Freeman, the sum of two hundred and fifty Pounds, to be applied for the relief of the poor, indigent, and suffering people of that Town, by the said Freeman, in conjunction with the Selectmen and Overseers of the Poor of said Town, if any there be. Application thereof to be made by them in such a manner as they may judge most prudent, to such persons as they may think stand most in need of it; they to be accountable to this Court for the same.

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

Ordered, That Colonel Porter, Mr. Cooper, and Colonel Orne, bring in a Resolve for protracting the Commission of the Delegates of this Colony, at the Continental Congress, to the last day of January next.

Afternoon.

Upon a motion, Ordered, That Mr. Webster go to the honourable Board, and desire, if they have any matters to lay before the House, that they would communicate them, as the House would propose to rise soon. He returned, that he had delivered the message.

James Prescott, Esq., came down from the honourable Board, and informed the House that they had matters of importance before them, which they would speedily communicate.

Upon a motion, Ordered, That Major Moody be of the Committee to take a view of Gloucester Harbour, in the room of Mr. Rice.

Walter Spooner, Esq., brought down from the honourable Board a number of Letters, which were found on board a Vessel late from Cork, in Ireland, taken and brought into Beverly; which were read and returned.

The Secretary came into the House, and read the following Message:

“Council Chamber, November 10, 1775.

“Gentlemen of the House of Representatives:

“Your message of yesterday, relative to the appointment of military officers, has been considered by the Council with candour, as they presume, and certainly with a deep concern that a controversy of this nature should be raised and continued at a time of the most imminent danger, when our all is at stake, and when union and stability of counsels and actions are particularly necessary to the preservation of our remaining sea-ports against the depredations of our enemies. The Council are not contending for victory in this case: they would wish to be vanquished, if the honourable American Congress would permit it. They have very high conceptions of the wisdom of that august body, and have never considered them a body of obscurity, nor imputed to them want of correctness and precision; but being composed of fallible men, though wise, it is probable that some of their resolutions may not be so plain to others as to the honourable House, who perhaps can read as they run. The Council have not discernment enough to be apprehensive of dishonour and disgrace by an application in this case to the honourable Congress; if the honourable House have such fears, they may avoid the charge: if they have not, the Council would wish for such a joint application as was proposed in their message of the 3d instant.

“The Council have considered the resolve of the honourable American Congress of June the 9th past, in which it recommended to this Colony to conform, as near as may be, to the spirit and substance of the Charter, to choose Representatives, which Representatives or Assembly should elect Counsellors, which Assembly and Council should exercise the powers of Government until a Governour of His Majesty’s appointment will consent to govern the Colony according to its Charter. They have also considered their resolve of the 18th of July past, wherein it is recommended to the inhabitants of all the United English Colonies, to regulate their Militia in such manner as is therein mentioned; and, among other things, it is therein recommended, that all officers, above the rank of a Captain, be appointed by their respective Provincial Assemblies or Conventions, and that all officers be commissioned by the said Provincial Assemblies or Conventions, or, in their recess, by the Committees of Safety appointed by said Assemblies or Conventions.

“The first of these resolves specially respected this Colony, and this only; the other was a general resolve, and did not mention the Colony. The Council considered themselves bound by the first to exercise the powers of Government as near as might be to the spirit and substance of the Charter; and we presume the honourable House, on the 7th of August past, considered it in the same point of view, or they would not have recommended to the Board to make appointments for military service. The other resolve being general, and this Colony not specially mentioned therein, the Council presume was not intended in the case of appointments and commissionating military officers to affect this Colony, or in this case to repeal the first of said resolves, and the Council have appointed and commissionated as conformable as may be to said first resolve, without any intimation of complaint from the honourable House, in their late sitting, nor till very lately in their present.

“The Council may truly boast a firm attachment to the natural rights of men; and if there is an incompatibility between those rights and the Charter Constitution of this Colony, the Council can only lament their being bound to the observation of such a Constitution; but, considering themselves thus bound, they have religiously observed the same, in order to preserve the union of the Colonies; but as the continuing this controversy will expose to our merciless enemies this distressed Country, especially upon the seacoast, for want of a well-regulated Militia, the Council do most ardently desire that the honourable House would explicity order their claim to subside for the present, or point out some other mode of proceeding, by which the Militia may be immediately settled, and our Country saved from impending ruin.”

Upon a motion, Ordered, That Mr. Gerry go to the honourable Board, and propose their sending the Letters, just communicated, to the American Congress, after the General shall have perused them. Who returned, that he had delivered the message.

The Secretary came into the House with the following Message:

“Council Chamber, November 10, 1775.

“Gentlemen of the House of Representatives:

“How far the honourable House can be justified in saying that they have made such provision for the relief of the Town of Falmouth, and County of Cumberland, as their necessities demand, in the resolve which passed and was sent up the 4th instant, when, at the time of passing that resolve, the honourable House must have known that, consistent with your own explanation of the present Constitution of this Colony, the resolve could not be concurred by the Council, and they discharge their duty to the publick; and how far such provision for the relief of the real wants and necessities of our distressed brethren will exceed that of saying to the naked, be ye clothed, and to the hungry, be ye filled, we leave to the suggestions of your own minds.

“While the Council observe with pleasure a resolution now formed by the honourable House, to afford that necessary succour and defence to any part of this Colony, which is within your province to grant, consistent with the present Constitution thereof, they cannot but lament that