colours, in time of an engagement, to go in search of plunder, he shall, if a Commissioned Officer, be cashiered and drummed out of the Army with infamy, and forfeit all share of plunder; if a Non-Commissioned Officer or Soldier, be whipped, not less than twenty nor more than thirty-nine lashes, according to the nature of the offence, and forfeit all share of the plunder taken from the enemy.

13. Every Officer commanding a Regiment, Troop, or Company, shall, upon notice given to him by the Commissary of the Musters, or from one of his Deputies, assemble the Regiment, Troop, or Company, under his command, in the next convenient place for their being mustered, on penalty of his being cashiered and mulcted of his pay.

14. At every Muster, the Commanding Officer of each Regiment, Troop, or Company, there present, shall give to the Commissary of Musters certificates, signed by himself, signifying how long such Officers, Non-Commissioned Officers, and Soldiers, who shall not appear at the said muster, have been absent, and the reason of their absence; which reasons, and the time of absence, shall be inserted in the Muster-Rolls, opposite the names of such absentees; and the Surgeons or their Mates shall, at the same time, give to the Commissary of Musters a certificate, signed by them, signifying the state of health or sickness of those under their care, and the said certificate shall, together with the Muster-Rolls, be by the said Commissary transmitted to the General, and to this or any future Congress of the United Colonies, or Committee appointed thereby, within twenty days next after such muster being taken; on failure whereof, the Commissary so offending shall be discharged from the service.

15. Every Officer who shall be convicted, before a General Court-Martial, of having signed a false certificate, relating to the absence of either Officer, Non-Commissioned Officer, or Private Soldier, and every Surgeon or Mate convicted of signing a false certificate, relating to the health or sickness of those under his care, shall be cashiered.

16. All Officers and Soldiers who shall wilfully, or through negligence, disobey any General or Special Orders, shall be punished at the discretion of a Regimental Court-Martial, where the offence is against a Regimental Order, and at the discretion of a General Court-Martial, where the offence is against an Order given from the Commander-in-Chief, or the Commanding Officer of any detachment or post, and such General Court-Martial can be had.

Resolved, That Dr. Church be close confined in some secure Jail in the Colony of Connecticut, without the use of pen, ink, and paper, and that no person be allowed to converse with him, except in the presence and hearing of a Magistrate of the Town, or the Sheriff of the County where he shall be confined, and in the English language, until further orders from this or a future Congress.

On motion made, Resolved, That the Congress proceed by ballot to the election of Field-Officers for the two Battalions ordered to be raised in the Colony of New-Jersey.

The Congress then proceeded to the election, and

Lord Stirling was unanimously chosen Colonel of the First Battalion; William Wind, Esq., Lieutenant-Colonel of the said Battalion; William De Hart, Major of the said Battalion.

William Maxwell, Esq., Colonel of the Second Battalion; Israel Shreive, Esq., Lieutenant-Colonel of the said Battalion; David Rhea, Esq., Major of the said Battalion.

Mr. Dickinson, desiring to be excused from attending the Committee for importing Arms, &c., which meets in the evening, on account of his home out of Town, he was excused.

On motion made, Resolved, That three new members be added to the Committee for importing Arms and Ammunition, and that any five of them be a quorum.

The members chosen: Mr. Lewis, Mr. Bartlett, and Mr. Bullock.

Mr. Dickinson brought a verbal message from the Assembly of Pennsylvania, respecting the Resolution sent to that body by Mr. McKean and Mr. Deane, desiring to know on what evidence the Congress ground the apprehensions therein expressed, of hostilities being commenced at or near Wyoming, between the inhabitants of the Colony of Pennsylvania and those of Connecticut.

Ordered, That the same be referred till to-morrow.

The Committee appointed to take into consideration the state of New-York brought in their Report.

Ordered, That the same be referred till to-morrow.

The Order of the Day being renewed, and the several matters to this day referred being postponed,

Adjourned till ten o’clock, to-morrow.

Wednesday, Novembers 8, 1775.

On motion, Resolved, That the Secret Committee appointed to contract for the importation of Arms and Ammunition be empowered to export to the foreign West-Indies, on account and risk of the Continent, as much Provision, or any other produce, (except Horned Cattle, Sheep, Hog, and Poultry) as they may deem necessary for the importation of Arms, Ammunition, Sulphur, and Saltpetre.

Resolved, That a Committee of three be appointed, to confer with Mr. Kirkland.

The members chosen: Mr. Cushing, Mr. Wythe, and Mr. Ward.

The Committee of Claims reported, that there is due:

To Alexander Klinger, for Provisions furnished to Captain Hendrick’s Company, £9 10, and to Resine Mourer 9s. 2d, for Ferriage, the whole to be paid, per order, to Henry Chreist, being 26.5 Dollars.

To George Cungle, for Provisions furnished to Captain Ross’s Company, £4 16 10—75 Dollars.

To Henry Valentine, for transcribing Writings for the Congress, £3 18—10.4 Dollars.

To Samuel Bear, for Provisions furnished to several Companies, £27 15 7, to be paid, per order, to Thomas Compton—74 Dollars.

To sundries, per Certificates and Accounts forwarded by Lewis Ogden, for necessaries furnished Captain Ross’s Company, and for a Guard over a Powder Wagon, £42 0 2, New-York currency, to be paid, per order, to George Kennedy, being 105 Dollars.

To Henry Dearing, for necessaries furnished to Captain Ross’s Company, £6 17, to be paid, per order, to John Biddle, Jun., being 18.3 Dollars.

To John Jones, for Ferriage and Provisions of Captain Ross’s Company, £2—5.3 Dollars.

Matthias Slough, per Certificates, for Provisions furnished several Rifle Companies, £22 3 2—50.1 Dollars.

To sundries, per Certificates, for Provisions furnished Captain Ross’s Company, £23 15 5, New-York currency, to be paid, per order, to——, being 59.4 Dollars.

Ordered, That the above Accounts be paid.

The Congress taking into consideration the Report of the Committee to whom were referred the Letters from the Convention of New-York, and the state of that Colony:

Resolved, That a Commander, with the rank of a Colonel, be appointed to take the command of the Fortifications or Fortresses in the Highlands, on Hudson’s River.

Resolved, That it be recommended to the Convention of New-York to empower him, the said Commander, to call together and command two hundred, men of the Militia of Dutchess, Orange, and Ulster Counties, and one Company of Artillery from the City of New-York, who shall be stationed in the Highlands, until relieved by the Company of Artillery directed by this Congress to be raised in the City of New-York, and such other Continental Troops as may hereafter be directed to take possession of the same.

Resolved, That the Minute-Men or Militia, while on service, be maintained and paid at the same rate as the rest of the Continental Forces.

Resolved, That a number of the Militia of the Counties of Dutchess, Orange, and Ulster, be formed into independent Companies, under the direction of the Commander of the said Fortresses, and in case of alarm, be directed to repair to the several stations in the Highlands, which, in order to prevent confusion, should be immediately assigned them.

Resolved, That the Troops which shall at any time hereafter be directed to garrison the Fortresses in the Highlands be put under the direction of the Commander of the Fortresses, except when headed by a General Officer.