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of the said Boat and her Mariners, the sum of twenty-two Pounds ten Shillings, on their executing a proper conveyance for one quarter part of the said Boat, and delivering over the papers relating to the said Boat to Mr. Jacobus Van Zandt; and entering into covenants to Mr. Van Zandt, that if any moneys shall be allowed for the said Boat, or for the service or detention of the said Boat while employed in his Majestys service, that they will pay one quarter part thereof to Mr. Van Zandt; and also a covenant, that if it shall hereafter appear that the said Boat was taken by collusion, or any deceit of the master or owners, or either of them, that then they will repay the said moneys to the said Mr. Van Zandt.*
And Ordered, That a copy hereof be a sufficient warrant to Peter Van Brugh Livingston, Esq., as Treasurer of this Congress, to pay the said moneys.
Mr. Smith informed the Congress thatBarnard, of Elizabethtown, is in this city; that he came this day from on board of the Ship Phenix; that he says Captain Parker informed him that he was about fitting out his Schooner Tender with carriage-guns and other necessaries, to make her a vessel of force, to be stationed and cruise off Egg-Harbour.
The Congress are of opinion that the said Schooner may be very detrimental to the trade of this Colony and the neighbouring Colonies, and at this critical juncture in particular, as ammunition, arms, and other necessary stores, may thereby be seized and prevented from being landed.
Therefore, Ordered, That the Marine Committee of this Congress take the examination of Mr. Barnard into consideration, and ascertain what may be necessary to be done by this Congress, and report thereon with all possible speed.
Mr. Smith Ramadge, at the door, at the request of a Member was admited.
He informed the Congress that he has a vessel nearly laded with flaxseed, intended for Ireland, by permission of the Continental Congress; that she will soon be ready to go to sea; that she lies at a heavy expense; that if she does not sail by next Friday, he must pay eight pounds per day demurrage; that, by information received this day, Captain Parker will not suffer any vessels to pass him to sea; and that he is of opinion that the vessel he is lading is proceeding on such a voyage as that he can obtain permission for her to sail, if he can be permitted to go down to Captain Parker.
Mr. Ramadge withdrew.
The Congress unanimously agree that he have leave to go down to Captain Parker with the Port-Master, if he is willing to be on oath not to discover any matters that will be prejudicial to the City and Colony.
Mr. Ramadge called in; thinks it proper that he should be sworn. Thereupon, an Oath was administered to him in the words following, to wit:
You swear that you will not, directly or indirectly, give any intelligence concerning the preparations that are making for the defence of this City and Colony, to any person on board of the ships-of-war in the harbour; nor will you carry on board any letter or paper until you have first read the contents, and find that it does not contain any intelligence concerning the same. So help you God.
Mr. Smith Ramadge being sworn in Congress, a Certificate or Passport was given to him in the words following, to wit:
Ordered, That Mr. Smith Ramadge be, and he is hereby, permitted to go on board his Majestys Ship Phenix, and to return, in company with the Port-Master, he having been sworn that he will not communicate on board the said ship any intelligence relative to the preparations making for the defence of this Colony, or carry any Letters or Papers relative thereto.
A Return of Captain Westfall, and the other Officers of his Company, to wit: the First Cornpany of the First Regiment in Dutchess County, was read and filed.
Peter Westfall, Captain; Wilhelmus Smith, First Lieutenant; Christopher Snyder, Second Lieutenant; Abraham Welch, Ensign.
Ordered, That Commissions issue to the gentlemen thereby returned as elected.
The Congress thten resumed the-consideration of a Plan for the election of Deputies to form a Provincial Congress, to meet when the present Provincial Congress will expire. The same was read; and being again read, paragraph by paragraph, amended, corrected, and approved,
Ordered, That a fair copy thereof be engrossed by the Secretaries; and that the said Plan be again read and taken into further consideration to-morrow morning.
Die Martis, 10 ho. A. M., March 12, 1776.
The Congress met pursuant to adjournment.
Present: Brigadier-General Woodhull, President.
FOR NEW-YORK.Mr. Beekman, Mr. E. Bancker, Mr. Smith, Colonel Lott, Mr. Scott, Colonel McDougall, Mr. Randall, Mr. Roosevelt.
FOR ALBANY.General Ten Broeck, Mr. Yates, Mr. Gansevoort, Colonel Nicoll, (on service.)
FOR SUFFOLK.General Woodhull, Mr. Gelston, Mr. Hobart.
FOR WESTCHESTER.Colonel Gilbert Drake, Colonel L. Graham, Mr. Thomas.
FOR ULSTER.Mr. Rhea, Mr. Lefever, Colonel Palmer, (on service.)
FOR RICHMOND.Mr. Adrian Banckcr, Mr. Lawrence.
FOR ORANGE.Colonel Allison, Colonel Hay.
FOR DUTCHESS.Colonel Ten Broeck, Major Schenck.
FOR KINGS.Mr. Polhemus, Mr. Leffertse.
FOR CUMBERLAND.Colonel William Williams.
FOR CHARLOTTE.Colonel John Williams.
FOR TRYON.Mr. Moore.
Mr. Gansevoort moved, and was seconded by Mr. Yates, in the words following, to wit:
I move that the money arising from the duty of Excise in the respective Counties of Albany and Tryon, within this Colony, in virtue of an Act of the Governour, the Council,
* This Indenture, made the ninth jay of March, in the year of our Lord one thousand seven hundred and seventy-six, between William Douglass, Andrew Van Tuyl, of the city of New-York, and Isaac Simunson, of the said city, Pilot, of the one part, and Jacobus Van Zandt, of the said city, Merchant, of the other part.
Whereas the Pilot-Boat named the Hampden, whereof the said parties of the first part owned a quarter part, was lately employed by order of the said Jacobus Van Zandt and others to proceed to the eastward of Sandy-Hook, for such legal purposes as the master of the said Pilot-Boat was directed to perform or do; and on the return of the said Pilot-Boat towards the city of New-York, she was seized by the commander of his Majestys Ship Nautilus, and detained as a tender: and whereas they (the said William Douglass, Andrew Van Tuyl, and Isaac Simonson ) have been paid for one quarter part of the said Pilot-Boat named the Hampden, the sum of one hundred and fifty pounds, lawful money of New-York; and for one quarter part of the hire and wages of the said Pilot-Boat, and the mariners employed on board of her while she was employed in the service aforesaid, the further sum of twenty-two pounds ten shillings, lawful money aforesaid:
Now, therefore, this Indenture witnesseth: That for and in consideration of the said sum of one hundred and seventy-two pounds ten shillings, to them (the said William Douglass, Andrew Van Tuyl, and Isaac Simonson ) in hand paid, they have sold, assigned, and delivered to the said Jacobus Van Zandt their quarter part of the said Pilot-Boat named the Hampden, with all her appurtenances; and they do hereby sell, assign, and deliver the same to the said Jacobus Van Zandt, his executors, administrators, and assigns. And for and in consideration of the said sum of one hundred and seventy-two pounds ten shillings above-mentioned, they, the said William Douglass, Andreiv Van Tuyl, and Isaac Simonson, for themselves, their heirs, executors, and administrators, jointly and severally, do covenant, grant, and agree, to and with the said Jacobus Van Zandt, his executors, administrators, and assigns, in manner following, that is to say: That if any sum of money, wages, hire, or other reward, shall be paid, allowed, received, or recovered for the said Pilot-Boat named the Hampden, or for the use of the said Pilot-Boat while employed as a tender, or while employed in his Majestys service, or while she is detained from her owners, that they, the said William Douglass, Andrew Van Tuyl, and Isaac Simonson, or one of them, will pay one quarter part thereof to the said Jacobus Van Zandt, his executors, administrators, or assigns.
And, also, that if it shall hereafter appear that the said Pilot-Boat, named the Hampden, was taken on account of any information given with respect to her by the master or owners of the said Boat, or either of them, or by collusion, or by any deceit of the said master or owners, or either of them, that then and in such case they, the said William Douglass, Andrew Van Tuyl, and Isaac Simonson, or one of them, will well and truly repay to the said Jacobus Van Zandt, his executors, administrators, or assigns, the said sum of one hundred and seventy-two pounds ten shillings, without any delay, deduction, or abatement whatsoever.
In witness whereof, the said parties to these presents have to these presents interchangeably set their hands and seals the day and year in this Indenture first written.
Sealed and delivered in the presence of us: