service till the last of this month, or till the 10th of February next, if occasion shall require, upon their being certified of their appointment according to the Resolves of this Court, and of retaining the number of men specified in this Resolve.

In Council: Read, and concurred.

Adjourned, until Monday next.

Monday, January 15, 1776.

Present in Council: Honourables Walter Spooner, Caleb Cushing, Thomas Cushing, John Adams, Jedediah Foster, James Prescott, Eldad Taylor, Benjamin Lincoln, Charles Chauncy, Joseph Palmer, Samuel Holten, Moses Gill, John Taylor, Benjamin White, Esquires.

In the House of Representatives: Resolved, That Colonel Porter and Mr. Brown, of Boston, with such as the honourable Board shall join, be, and they hereby are appointed a Committee to settle the Accounts remaining unsettled on the books of the late Committee of Supplies, and to collect and pay the balances that may be due to, or from the Colony on said Accounts. Also, to take the care of the brigantine Rockingham and Unity's cargoes, and such a part of the schooner Maccaroni's, as belongs to the Colony. Also, to see that the order of this Court be complied with by Captain William Johnson, late commander of the schooner Brittania, relative to his delivering to the Commissary of said Colony the net proceeds of the cargo of said schooner, consigned him by the said late Committee of Supplies, exclusive of what he shall produce receipts of having delivered agreeable to any order of said Court. And they are further directed, to receive from the files of said Committee of Supplies all the papers relative to said vessel, or any of the persons having accounts unsettled, as aforesaid; and, upon the arrival of any of them, to cause the proceeds of their cargoes, if vested in military stores, to be delivered to the Colonial Commissary, and take his receipts therefor, and to certify to the Standing Committee on Accounts the sums which they shall find necessary to discharge the portledge bills, hire, and other necessary charges attending the said voyages, that shall be due from the Colony aforesaid. And the Standing Committee on Accounts are hereby empowered to pay and discharge the portledge bills, hire of vessels, and other charges that shall be examined and certified by the Committee now chosen, as aforesaid; they to be accountable to the General Court for their doings.

In Council: Read, and concurred, and Moses Gill, Esq., is joined.

Mr. Cooper came up with a message to the Board, to inform them that the House proposed to come to the choice of Officers to command at Plymouth and Truro, also, a Captain to command in the County of Cumberland, in the room of Captain Rice, who declines, at three o'clock, this afternoon, if agreeable to the honourable Board.

Benjamin Lincoln, Esq., went down with a message to the House, to inform them, that the Board agreed to the foregoing proposal of the honourable House.

Letter from his Excellency General Washington, respecting the want of Fire-Arms for the new recruits, now coming in.

In the House of Representatives: Read, and committed to Mr. Pitts, Colonel Woodbridge, and Captain Smith, with such as the honourable Board may join.

In Council: Read, and concurred, and Colonel Prescott and Colonel Lincoln are joined.

Message came up from the House, to inform the Board that the House are now ready to proceed to the choice of Officers for the Company to be stationed at Plymouth and Truro, and a Captain in the room of Captain Rice.

In Council: Ordered, That Charles Chauncy and Moses Gill, Esquires, be a Committee to count and sort the votes, who reported, that for the Officers to command at Plymouth, the number of votes were:

Thirty-two made a vote; and that Jesse Harlow, as Captain; James Churchill, First Lieutenant; Timothy Goodwin, Second Lieutenant, were unanimously chosen.

William Watson, Esq., for a Commissary, had fifty-nine votes, and was accordingly chosen.

For Officers to command at Truro, the number of votes were:

Twenty-six made a vote; and that Joseph Smith, as Captain; Hezekiah Harden, First Lieutenant; Seth Smith, Second Lieutenant, were unanimously chosen. Samuel Harding was chosen Commissary. For a Captain, in the room of Captain Rice, the number of votes were:

Twenty-seven made a vote; and Bryant Morton was unanimously chosen.

The Committee appointed to count and sort the votes for a Commissary at Tarpaulin-Cove, reported that the number of votes were:

Twenty-nine made a vote; and that Thomas Jones, Jr., was accordingly chosen.

Petition of James Lemont, setting forth: "that the received orders to inlist a company of men, to be stationed in the County of Lincoln, for the defence of the sea-coast, and before they passed muster, the County was alarmed by a number of our enemy's vessels arriving at Pleasant-River, to which your petitioner, with his men, immediately went, and was obliged to victual said men until their return to Georgetown, where your petitioner was afterwards stationed, and was victualled by the Selectmen. Further, your petitioner did hire several boats for the use of the Colony, to convey the men under his command from one place to another, as the County was often alarmed by the enemy's vessels, which occasioned Colonel Cargill to order him from one place to another, where there was no passing by land; therefore, your petitioner prays your Honours would grant him payment according to account annexed."

In the House of Representatives: Resolved, That Henry Gardner, Esquire, Treasurer and Receiver-General be, and he hereby is directed to pay to James Lemont, or his order, the sum of fifty Pounds and two Shillings, in full discharge of his account.

In Council: Read, and concurred.

Adjourned to ten o'clock, to-morrow morning.*

* PHILADELPHIA, January 1, 1776.—MAY IT PLEASE TOUR HONOURS: I arrived at this place the 28th ultimo, where I found a letter from Mr. Morton, Deputy Secretary, wrote by the direction of the major part of the honourable Council of the Province of the Massachusetts-Bay, by which I am acquainted that they have honoured me with an appointment as one of the Justices of the Superior Court of Judicature, &c., for that Province. I am, also, favoured with a list of the other gentlemen appointed to the Superior Bench, and of our arrangement in rank. I am, also, requested to signify to the honourable Board, as soon as may be, my acceptance or refusal in writing.

That my answer has been so long delayed from the arrival of this letter, has been entirely owing to my absence on a commission to the northward, so that I have really been notified but a few days of my appointment to that important office, and have not had that time and opportunity to consider the matter which I could have wished; but as your Honours have thought it expedient that a Superior Court should be appointed, and the appointment is of so long standing, I think it necessary to give my answer by this first opportunity, lest the matter remaining undetermined, might prevent the accomplishment of your Honours' determination.

After expressing my sincere thanks for the honour you have conferred upon me by this appointment, I find myself constrained to decline accepting it, and without troubling your Honours with a detail of reasons which are not required, I beg leave to observe that I have the highest sense of the importance of that office, and am satisfied that, if sufficiently qualified, I could not attend to the due execution of it, while the attack made by our enemies, on every thing we hold dear, appears to mo to demand our constant attention.

I heartily wish the establishment of peace, and the due administration of justice in our Province, success to your Honours' endeavours to effect these valuable purposes, and happiness to your persons, and am with unfeigned respect, your Honours' most obliged, humble servant,

ROBERT TREAT PAINE.

To the Honourable the Council of Massachusetts-Bay.

IN COUNCIL, January 15, 1776: Read, and ordered to be entered on the files of Council.

PEREZ MORTON, Deputy Secretary.