imprisoned for trifling debts, being taken into consideration, was agreed to, as follows:
"This Committee have reason to believe that divers persons either from inattention to the publick good, or with a design to retard the recruiting service, have arrested and imprisoned, for very trifling debts, many soldiers who had engaged to risk their lives in defence of the rights and liberties of America, and as it has always been found necessary in time of war to regulate and restrain a practice of such pernicious tendency, and in such cases to abate the rigour of law,
"Resolved, therefore, That it be recommended to the several Legislatures in these Colonies, whether Assemblies or Conventions, to pass acts, or ordinances, prohibiting the arrest of Continental soldiers for small debts, and in order that the same rule may pervade all the Colonies, that no such soldier be arrested at the suit of any of his creditors, unless the said creditor make oath that the said soldier is justly indebted to him in the sum of thirty-five dollars, over and above all discount, and that the estate of no such soldier be liable to attachment at the suit, or for the benefit of all his creditors, unless their debts in the whole, on being ascertained by their oaths, shall amount to more than one hundred and fifty dollars.
"Extract from the Minutes:
CHARLES THOMSON, Secretary "
Colonel Brasher and Colonel Palmer informed the Committee that they had obtained the sum of Fifty Thousand Dollars in Continental Bills at Philadelphia That four of the Delegates of this City, being in want of cash, at Philadelphia, had requested a small sum thereof, in part of their respective demands for their services and disbursements as Delegates, which they had accordingly paid them, and taken their separate receipts. That they had brought with them Bills to the amount of Forty-Eight Thousand Four Hundred Dollars, and four receipts of the Delegates to the Treasurer, amounting together to Sixteen Hundred Dollars.
Ordered, That those gentlemen deliver the said Bills and Receipts of the Delegates, in the whole to the sum of Fifty Thousand Dollars, to Peter V B Livingston, Esq., Treasurer of the Provincial Congress, and take a receipt of the said Treasurer, or his Deputy, for the whole amount thereof.
Colonel Lasher, Colonel Heyer, and Colonel Lott, according to order, respectively attended the Committee, to give information of the states of their respective Regiments.
Colonel Lasher and Colonel Heyer respectively informed the Committee their Regiments were properly Armed, Accoutred, and Equipped.
Colonel Lott informed that a number of the Privates of his Regiment are without Muskets, or Firelocks, and some of them unable to purchase, and that Arms are so scarce, that it is difficult to purchase.
Those gentlemen further informed the Committee in substance, that the Privates of the two first mentioned Regiments in particular had done a great deal of duty, at much expense of time and money, that the whole City Militia, through the multiplicity and largeness of the guards required, have a considerable share of duty. That the least share thereof is borne, or done by the wealthiest. That 'many of their men are unable to purchase Gunpowder, and that others think they ought not to submit to that expense.
Thereupon, the Committee agreed on two Orders, introduced by a recital, all which are in the words following, to wit:
Whereas, it is the opinion of this Committee, that; it will be necessary for the immediate safety of the Colon£, that an half pound of Powder be delivered out at the publick expense, to the several effective Officers and Privates of the Militia and Minute-Men of this Colony, who arc? well affected to the publick cause, to the end that they may not have reason to complain of the want of means to answer the good purpose aforesaid;
It is therefore, Ordered, That such quantities of the publick Powder be delivered out for the purpose aforesaid, under the following regulations, that is to say:
1st. That every Colonel, or in his absence, the next commanding officer of Militia and Minute-Men in this Colony do, without delay, make a return of the effective Officers and Privates in their respective Regiments, to this Committee, distinguishing therein such as are well affected as aforesaid, to the end that such distribution as aforesaid may be made.
Secondly. And to prevent any unnecessary expenditure of Powder, it is hereby declared, that the Militia and Minute-Men are not to depend on any further supplies at the publick expense; and, it is further,
Ordered, That at every Regimental, or other Muster, Review, Training, or other Military service, each Militia and Minute-Man, whose duty it will be to attend the same, do attend, furnished with as many Cartridges, filled properly with Powder and Ball, as the quantity of half a pound of Powder will be sufficient to fill in manner aforesaid; and to prevent and punish neglects in those instances, that every Commanding Officer, do at every such Muster, Review, Training, or other Military service, cause strict search to be made, whether every person attending the same be duly provided in manner aforesaid.
A Letter from Tryon County Committee, received by the Albany Post-Rider, was read and filed. This Letter informs of their election of Deputies.
Ordered, That it be reported and read to the Provincial Congress, at their first meeting after the recess.
Sundry large Accounts of Captain John Grenell and Captain John Hulbert, who served in the last Northern campaign, were produced to the Committee, and payment thereof solicited.
The Committee took the said Accounts into examination and consideration, and after some time spent therein, are of opinion, that as to sundry disbursements charged therein, the Committee have not sufficient information to determine thereon. That of other parts of those Accounts they are not proper judges. That Major-General Schuyler only is competent, and this Committee incompetent for the settlement thereof.
That it is the business and duty of a Paymaster to pay those Accounts, and the payment of Military Accounts necessarily renders the accounts of the Congress of this Colony more complex and intricate, and may in the end be attended with loss to the Colony.
Thereupon, a draft of a Letter to Major-General Schuyler, was read and approved of, and is in the words following, to wit:
"SIR: We are sorry to be obliged to point out to you a defect in the conduct of the Paymaster under your department, which has in your multiplicity of business doubtless escaped your attention; and proves a subject of great inconvenience to us, and delay to the publick service. Our situation subjects us necessarily to the transaction of many matters purely of a Continental nature, in the course of which repeated applications to the Continental Congress for money, are unavoidable; to this, however, we cheerfully submit, but think it a great hardship, that while a Continental Paymaster is handsomely appointed, we should be under a necessity of making expenditures properly within the compass of his duty. By this means our accounts are rendered unnecessarily complex and intricate, which may in the end be attended with loss to this Colony. The disagreeable task of applying for money may be more frequent than we could wish, and the publick service properly within our department is too often delayed by the expenditure of large sums to uses not regularly under our direction. We, therefore, earnestly request you to direct, that the Paymaster do, for the future, attend at this important post, either in person, or by deputy, to the end that we may be rid of a very disagreeable service, which in nowise belongs to us, and by that means be enabled to forward, with more expedition, those matters which properly fall under our directions.
"We beg leave, also, to inform you that no resolutions of Congress for filling up and clothing the troops in your department have hitherto reached us, and to request of you to furnish us with such lights on this head, as may enable us most effectually to advance the publick service.
"We have the honour to be, with the highest respect and esteem, sir, your most obedient, humble servants.
"By order of the Committee of Safety.
"To Major-General Schuyler, Albany "
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