be, and hereby are, entirely put out of the protection of this Congress.
Resolved, fifthly, That all friendly and commercial intercourse between the said persons, so put respectively out of the protection of this Congress, and the other inhabitants of this Colony, ought to be, and the same, as far as can be effected by the recommendation of this Congress, hereby is, and shall continue to be, totally interdicted until further order of this Congress or the Committee of Safety.
And to the end that no persons may plead ignorance of the aforegoing Resolves, and this Order,
It is Ordered, The same, together with a list of such delinquents as aforesaid, in each of the said Counties, be, without delay, respectively printed and dispersed in Hand-bills, and inserted in all the publick Newspapers of this Colony.
A draft of a Letter to the Delegates of (his Colony at Continental Congress was read, and approved of, and is in the words following, to wit:
In Provincial Congress, New-York, December 21, 1775.
Ordered, That copies of the aforegoing Resolves and Orders be enclosed in the following Letter to the Delegates of this Colony in Continental Congress.
GENTLEMEN: We take the liberty to enclose to you a copy of our proceedings respecting the delinquents in Queen's and Richmond Counties. We apprehend we have proceeded against them as far as a prudent regard to the pre-sent circumstances of the capital of this Colony, and the safety of the Colony in general, as far as it depends upon the security of its capital, will permit; and for this assertion we beg leave to suggest the following reasons, to wit:
1st. The power which the King's ships have for destroying the property in this city.
2d. Our being almost utterly destitute of powder for a defence of the city, were it in other respects defensible against naval force.
3d. The great probability that an array of troops against the above-pentioned delinquents, by authority of this Congress, even were we sufficiently provided for the purpose with powder, would bring on a firing upon the city.
4th. We are now expediting vessels for the importation of powder, &c. This object, should it be known, would necessarily incense the Navy; we may lose, as well, the opportunity of supplying the inhabitants of this city with the necessaries of life, in a severe season, which necessaries it is well known, we are almost entirely supplied with by water.
If, in the judgment of the Continental Congress, the delinquents in the above-mentioned Counties ought to be further dealt with, we flatter ourselves, that, however ready we are to sacrifice the property of this capital in the defence of the common rights of America, the above reasons, and such others as may occur to you, will have their weight with Congress, to shew the impropriety of employing any of the inhabitants of this Colony, and particularly of this city, in active service against the said delinquents, if others can be employed for the purpose. Their opposition to the common cause is of dangerous example, and there-fore, ought, in our opinion, to be quelled, if by prudent means it can be done; for we have little reason to believe, that should they by any means be induced to send delegates to this Congress, their true characters would be no other than that of spies of our conduct.
We desire you to communicate this and the enclosed without delay, to the Continental Congress; and are, gentlemen, with great respect, their and your most obedient servants.
By order.
To the Gentlemen in delegation for the Colony of New-York in Continental Congress.
Ordered, That a copy thereof be engrossed, and signed by the President, pro tern., and transmitted.
Ordered, That in case the Continental Congress shall rise without having made any determination on the above subject, that the Committee of Safety be empowered, and in such case hereby is empowered, to write to the Commit-tees of the neighbouring Colonies respectively, as the case may require, informing them of the inimical conduct of the inhabitants of the aforesaid Counties, to the security of the United Colonies, whereby they have forfeited the protection of this Congress, and therefore, that the Committees afore-said, be at liberty to take such measures with the enemies of America in those Counties, as they shall judge necessary to put it out of their power to assist our common enemy; provided, the innocent and helpless be not injured in life or property, nor the lives or property of the guilty unnecessarily or wantonly destroyed; and to this end that they enclose in said letter or letters a list of the delinquents.
The Committee appointed to form a Regulation or Arrangement for the Militia of this Colony, delivered in their Report, which was read; and the same being read a second time, paragraph by paragraph, and many amendments and additions made thereto, and finally agreed to and resolved on, is in the words following, to wit:
Rules and Orders for arranging the Rank of the Officers of the Militia, of the Colony of NEW-YORK.
1st. The Major-General to be Commander-in-chief of all the Militia now embodied and hereafter to be embodied within this Colony.
2d. The Brigadier-General for the Brigade of the City and County of New-York, the County of King's, and Richmond, to be the second in command.
3d. The Brigadier-General of the Brigade of the City and County of Albany, and County of Tryon, to be the third in command.
4th. The Brigadier-General of the Brigade of the Counties of Suffolk and Queen's, to be the fourth in command.
5th The Brigadier-General of the Brigade of the Counties of Ulster and Orange, to be the fifth in command.
6th. The Brigadier-General of the Brigade of the County of Westchester, to be the sixth in command.
7th. The Brigadier-General of the Brigade of the County of Dutchess, to be the seventh in command.
8th. The Brigadier-General of the Counties of Charlotte, Cumberland and Gloucester, to be the eighth in command.
9th. The Majors of Brigade to take rank in the manner above-mentioned, according to the priority of the Brigade they shall respectively belong to.
10th. That the Commissioned Officers of equal dignity of the several Regiments of Militia, in the different Counties, shall take rank and precedence according to the following arrangement: Of the City and County of New-York, I; Albany, 2; Suffolk, 3; Ulster, 4; Westchester, 5; Orange, 6; Dutchess, 7; King's, 8; Queen's, 9; Richmond, 10; Tryon, 11; Cumberland, 12; Charlotte, 13; Gloucester, 14.
11th. The rank of some of the Battalions or Regiments and Companies in some of the Counties being settled either by the Colonel already chosen or appointed, or by the General Committee of the County, it is recommended that the several Committees in this Colony, where such arrangements are not already made, do follow the example in arranging the Battalions and Companies within their respective Counties, and transmit a copy of such arrangements to the Secretary of the Provincial Congress, or Committee of Safety, for the time being.
12th. That the Colonel of the First Regiment in any County in this Colony, shall take rank of a Colonel of any Second Regiment of any other County, notwithstanding the seniority of said County, and so on with respect to second, third, &.c, Regiments, and that the same rule be observed with respect to the rank of inferior Officers.
13th. That the Officers of the Minute-Men, when in actual service, do take rank of the Officers of the Militia.
Ordered, That a copy thereof be engrossed, and given to a Printer, to be published in the same size with the other Regulations for the Militia.
Resolved, That the present Delegates of this Colony in Continental Congress, be requested to make such an arrangement among themselves, as that five of them only continue at Congress, and represent this Colony at any one time; and that in case of the necessary absence of any one or two of the Delegates so attending, according to such arrangement, that three or four of them be a quorum, and enabled to represent the Colony during such absence.
Resolved, That the Militia of Orangetown and Precinct of Orange, be formed into, and constitute one Regiment; and that the Militia of Haverstrdw Precinct be formed into, and constitute another Regiment, any thing in the
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