are many Minute Regiments now in this city, who are employed in working parties, without any expectation of wages other than the Continental pay; for should we admit extra wages in one instance, it would be expected in every case. As to the breastwork of the Battery, it is agreeable to us you make the same as you propose, concluding it will answer the purpose, and be attended with much less expense than the former method we recommended.

We are, gentlemen, your very humble servants.

By order.

To Messrs. Bedlow and Lawrence, Commissioners at the Fortifications in the Highlands.

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

A Petition of Elizabeth Atherton was read. She there by prays for the discharge of her husband, John Atherton, the Pilot.

Ordered, That the facts on which the said John Atherton stands committed, as far forth as they appear on the Minutes of the Committee of Safety, be, with the Petition, handed to the Committee of the City of New-York, that they may try and determine on the case of said Atherton.

Ordered, That the Committee of the City of New-York be requested to meet every other day for the despatch of business, and to attend with vigilance to the publick business.

Ordered, That Colonel Brasher, Mr. Scott, Mr. Wickham, Colonel Hay, Colonel Gilbert Drake, Colonel Petrus Ten Broeck, Mr. Rhea, Colonel Nicoll, Mr. Moore, Mr. Vanderbilt, and Dr. Williams, be a Committee to settle the quota or number of men and officers, under the rank of Field-Officers, to be raised in the different Counties in this Colony, to constitute the four Regiments ordered to be raised therein for the Continental service and defence of this Colony, and that the said Committee report with all convenient speed.

Mr. Herring, from the Committee appointed to take into consideration the Letter from the Committee of Marbletown, and the application of the Company of Militia there, delivered in their Report, and the draft of a Letter to the Committee; which were respectively read and approved of, and are in the words following, to wit:

Your Committee report: That it is their opinion that the Committee of the Township of Marbletown, in Ulster County, have put a wrong construction upon the resolution of Congress alluded to in their letter, and that, in consequence thereof, they have erred in refusing the company of the Southwest District of said town an opportunity of filling up, by an election, the vacancy occasioned by the promotion of their late Captain. That all the Committee of said Township can properly do towards the promotion of the subaltern officers of said company is, to advise the company to do it by an election; but in case the company elect any other person, it is the duty of the Committee to return his name, in order to his being commissioned; provided he shall have signed the Association, and belong to the Beat or District of said company.

Your Committee further report: That they conceive it necessary that an answer be immediately given to the Committee of said township upon their letter; and for that purpose propose the following Letter:

In Provincial Congress, New-York, February 16, 1776.

GENTLEMEN: Yours of the 29th ultimo is come to hand. In answer to the request therein made, we inform you that the words of the resolution you allude to will not admit of the construction you are inclined to put thereon. You are, With all convenient speed, to call the company of the South-west District of your township together, and give them an opportunity to choose a new Captain. At the same time you are not only at liberty, but we think it your duty, to advise the company, in a friendly manner, to promote the subaltern officers, or such of them as you shall think to merit it; but if they will not be advised, you are to suffer them to elect any other; but you are not to return the name of any one to be commissioned for that company, unless he belongs to the Beat or District of said company, and has signed the Association.

All which is humbly submitted.

Ordered, That a copy of the said Letter be engrossed, and signed by the President, and transmitted.

A Letter from General Lee, bearing date this day, on the subject of shutting up the Port, was read and filed, and is in the words following, to wit:

“New-york, February 16, 1776.

“SIR: I have received intelligence that Mr. Try on has been guilty of most grossly abusing the indulgence shown to him; that he has inveigled some of the gunsmiths on board his ship; and that he is endeavouring to seduce as many as he can, with the view, undoubtedly, of distressing us in the article of arms. I could wish (as it has been thought proper to furnish this gentleman with provisions and other necessaries bf life) that he should be obliged to give some security that he will not intrigue, cabal, or machinate mischief of any kind to the Continent or Province. This business of the gunsmiths is the reason that I have, pro tempore, interdicted all communication with the Governour’s ship—a measure which I hope will be approved by the Congress.

“I am, sir, your most obedient servant,

“CHARLES LEE.

“To the Honourable the Congress of New-York.”

Colonel Livingston informed the Congress that the present Militia Laws of this Congress are materially defective; particularly that the officers are not enabled to fine their men for disobedience or non-appearance, if they are summoned, as a regiment, more than twice a year.

Ordered, That General Ten Broeck, Colonel Livingston, and Colonel Morris Graham, be a Committee to revise the Militia Laws, and report thereon with all convenient speed.

Ordered, That Abraham Lott, Esq., Treasurer of this Colony, send to this Congress a particular account of the Provisions he has supplied to the Ship Asia, and other of his Majesty’s Ships in this Port, since the order for that purpose first made by the late Provincial Congress of this Colony.

Mr. Herring obtained leave of absence, the County of Orange now having three other Deputies attending this Congress.

Dr. William Dusenberry delivered in a Petition, request­ing to be appointed Surgeon to a Regiment.

Die Veneris, 3 ho. P. M., February 16, 1776.

The Congress met pursuant to adjournment.

Present: Brigadier-General Woodhull, President.

FOR NEW-YORK.—Mr. Beekman, Captain Rutgers, Mr. Van Zandt, Mr. Roosevelt.

FOR ALBANY.—Colonel Philip R. Livingston, Mr. Abraham Yates, Mr. Gansevoort, Colonel Rensselaer, Colonel Nicoll, General Ten Broeck.

FOR SUFFOLK.—General Woodhull, Mr. L’Hommedieu, Mr. Hobart, Mr. Wickham.

FOR ULSTER.—Mr. Rhea, Mr. Wisner, Mr. Dewitt, Mr. Lefever.

FOR TRYON.—Mr. Moore.

FOR DUTCHESS.—Mr. Gilbert Livingston, Colonel Morris Graham, Colonel Ten Broeck, Mr. Everson, Major R. G. Livingston.

FOR WESTCHESTER.—Colonel Gilbert Drake, Mr. Paulding, Mr. Ward, Dr. Graham.

FOR ORANGE.—Colonel Hay, Colonel Allison, Mr. Cuyper.

FOR CHARLOTTE.—Dr. Williams.

FOR KING’S.—Mr. Vanderbilt.

Ordered, That Colonel Rensselaer and Colonel Gilbert Drake be added to the Committee, appointed this morning, to revise the Militia Laws, and report thereon; and that Mr. Ward supply the place of Mr. Drake, in the Committee to proportion the officers and men to be raised in each County.

A Letter from Colonel Samuel Dralce, of the Westchester Regiment of Minute-men, on service in the City of New-York, was read and filed, and is in the words following, to wit:

“New-York, February 16, 1776.

“SIR: I have been informed that Colonel Waterbury has in charge a number of guns, taken from the Tories in West-chester