The Committee of Safety then took into consideration the Report of a subcommittee of the General Committee of the City of New-York, delivered in parole, some days past, to the following effect, to wit: "That a certain Benjamin James, who had been chosen Captain of one of the Companies of Militia in the City of New-York, had refused to subscribe the Declaration mentioned in his commission as necessary to his entering on the executing that office: that, on a new election being ordered in the said Company for a Captain, the Company reelected the same person, and refused to elect any other; that there are some other instances of the like kind, and the persons exercising military offices in the predicament."

This Committee are of opinion that the best remedy for inconvenience would be a Resolution of the Continental Congress, or, in their recess, the Committee of Safety for the time being to exercise their discretion in appointing proper Officers, without such election, whenever occasion may require.

Thereupon, a draft of a Letter to the Delegates of this Colony, on the subject of appointing Officers in such Cases, and on the subject of giving aids to Expresses or Messengers who travel without certificates, was read and approved of, and is in the words following, to wit:

In Committee of Safety, during the recess of the Provincial

Congress, New-York, January 12, 1776.

GENTLEMEN: We apprehend, for reasons too tedious to mention, great danger of the want of a proper arrangement of the Militia in some of our Districts, from making the election of the people necessary for the appointment of officers under the degree of Field-Officers. We, therefore, earnestly request you immediately to procure a resolve of Congress to authorize our Congress, or the Committee of Safety for the time being, to exercise their discretion in appointing, without such election, whenever occasion may require.

We are put to repeated difficulties with applications, by expresses, to and from Congress, on the Continental service, in complying with which, without proper certificates, specifying the aids required of us to be given to such expresses, we apprehend ill consequences. By this means, our prudence in disposing of the Continental money may be exposed to be called in question, and abuses put upon the publick by taking advantage of our readiness to advance the service. For these reasons, we have been obliged to determine to give no such aids for the future to any person applying to us in the character of an express, unless he produce a certificate from Congress, specifying the particular aids required of us. Our late Congress wrote early in the Summer on this subject, but were not favoured with an answer.

We are, gentlemen, with great respect and esteem) your most obedient servants.

By order of the Committee of Safety.

To the Delegates for the Colony of New-York at Congress, Philadelphia.

Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted.

Colonel Brasher produced a Deputation from Peter V. B. Livingston, Esq., Treasurer of the Provincial Congress of this Colony, to Mr. Gerard Bancker, his Deputy, which was read, and is in the words and figures following, to wit:

"Whereas, the Provincial Congress have nominated me their Treasurer, I do hereby appoint my friend, Mr. Gerard Bancker, Jun., my Deputy, hereby promising to confirm every act he shall do in my name in the execution thereof. As witness my hand and seal, this twenty-eighth day of August, 1775.

"P. V. B. LIVINGSTON, [l. s.].

"Sealed and delivered in the presence of,

"STIRLING.

"PHILIP LIVINGSTON."

Ordered, That the said Appointment be returned to the Deputy-Treasurer.

Colonel Brasher and Colonel Palmer produced the Receipt of Gerard Bancker, the Deputy-Treasurer, for the cash, and receipts for cash paid the Delegates of this Colony, by them brought from Philadelphia for the Congress of this Colony, amounting, together, to the sum of Fifty Thousand Dollars; which receipt was read and filed, and is hereunto annexed, in the words and figures following, to wit:

"Received, January 12, 1776, from Messrs. Thomas Palmer, Abraham Brasher, and Captain John Grenell, Fifty Thousand Dollars, in Continental Bills, in behalf of Peter Livingston—Bills, $48,400—4 Receipts, $1,600 —$50,000.

"GERARD BANCKER."

Mr. Christian Jacobson, of Richmond County, attending at the door, was admitted. He alleged that a majority of the Inhabitants of Richmond County were not averse, but friendly to the measures of Congress. He attempted to state their difficulties and fears. Answers were given to him by the Members of this Committee.

Colonel Brasher, a Member of this Committee, informed the Committee that he had lately seen Mr. Richard Lawrence, one of the late Deputies of Richmond County; that Mr. Lawrence told him he expected that the Inhabitants of the said County would very speedily elect Deputies to represent them in Provincial Congress, and requested him to inform this Committee thereof.

Therefore, Resolved, That the late intended Interdiction of the Provincial Congress, against all delinquents in that County, be delayed until Monday, the 22d instant.

Ordered, That the Secretary deliver a certified copy of the information of Colonel Brasher, relating to the Inhabitants of Richmond County, and of the above Resolution thereon, to Mr. Christian Jacobson, one of the Committee of Richmond County.

Adjourned to three o'clock in the Afternoon.

Die Veneris, 3 ho. P. M., January 12, 1776.

The Committee met pursuant to adjournment.

Present: Pierre Van Cortlandt, Esq., Chairman, Mr. Scott, Mr. Tredwell, Mr. McDougall, Mr. Brewster, Mr. Clarke, Mr. Sands; Colonel Brasher, the latter part of the evening.

Mr. Richard Lawrence, one of the Deputies from Richmond County to the former Provincial Congress, attended, and conversed with the Committee on the state of Richmond County, of his own mere motion, as he said, and without any request from the Committee, or the Inhabitants, to attend for that purpose.

After a full conversation with Mr. Lawrence, the Committee of Safety unanimously came to the following Resolutions, as to the Inhabitants of Richmond County, to wit:

Resolved, That, notwithstanding any thing contained in the Resolution of this day, respecting the County of Richmond, the same was not intended to give them any ground of assurance that their Deputies will be received in Provincial Congress, but only to enable them to put the conduct of the Inhabitants of that County in as favourable a light before the Continental Congress as the nature of their case will admit of, the same having been submitted by the Provincial Congress to the consideration of that respectable body, by whose determination the Inhabitants of that County must be bound.

Resolved, nevertheless, That, whether the Inhabitants of the said County should, or should not, proceed to an election of Deputies, in either case the Committee of the said County do report to this Committee the names of those who do, or shall, either directly or indirectly, oppose such election, as also the names of those who do not attend such election, in case a poll shall be opened for that purpose; and that the said Committee report their proceedings, and those of the County, in the premises, to this Committee, on Monday, the 22d instant.

Ordered, That the Secretary deliver to Mr. Richard Lawrence, or his order, certified copies of the Resolution of this Committee passed this morning, and of the two last preceding Resolutions, as to the Inhabitants of Richmond County.

Copies of three Affidavits, as to the ill conduct and threatenings of Samuel Devine, certified by Captain John Wisner, were read and filed, and are in the words following, to wit:

"ULSTER County:

"Stephen Semour, of full age, being duly sworn on the Holy Evangelist, this 4th day of January, 1776, saith,