Resolved, That there be paid out of the publick Treasury of this Colony, to Noah Goodman and William Pyncheon, Junior, a Committee to procure Flour for the Colony, the sum of three hundred Pounds, to enable them to pay for the same.

A Letter from Jonathan Glover, Chairman of the Committee of Correspondence of Marblehead, respecting a number of Tories taken on board a vessel from Boston, bound to Halifax. Read, and committed to Joseph Palmer, Esq., with Colonel Coffin and Mr. Hobart.

In the Home of Representatives: The House made choice of Captain Benjamin Gage, as First Major of the Fourth Regiment of Militia, in the County of Essex, in the room of Major Perley, who declines.

In Council: Read, and concurred.

In the House of Representatives: The House made choice (by ballot) of James Converse, as Colonel of the Fourth Regiment of Militia, in the County of Worcester, in the room of Joseph Gilbert, deceased; and also of. Stephen Rice, as Lieutenant-Colonel of the same Regiment, in the room of Joseph Gilbert, first appointed to that office, who was elected Colonel.

In Council: Read, and concurred.

Petition of John Story, setting forth: That he was appointed by the late Congress as sub-Commissary under Mr. Pigeon, to Colonel Little’s Regiment; that he faithfully attended on the said Regiment, and on Mr. Pigeon, from day to day, in order to discharge the trust committed to him, from the middle of June to the 1st of August, as appears by the annexed account and certificate, for which he received no allowance. He therefore prays your Honours would be pleased to order that he be paid the amount of his account for his trouble, and such a sum for his expense as your Honours may think proper.

Resolved, That there be allowed and paid out of the publick Treasury of this Colony, to the said John Story, the sum of five Pounds five Shillings, in full of his Account for serving as sub-Commissary to Colonel Little’s Regiment.

Adjourned to nine o’clock, to-morrow morning.

Thursday, April II, 1776:

Present in Council: Honourable James Otis, Benjamin Greenleaf, Walter Spooner, Caleb Cushing, Joseph Gerrish, John Whetcomb, Jedediah Poster, Eldad Taylor, Benjamin Lincoln, Charles Chauncy, Michael Farley, Joseph Palmer, Samuel Holten, Jabez Fisher, Moses Gill, Benjamin White, Esquires.

Petition of Jacob Martin and Nathaniel Perley, of Ipswich, in the County of Essex, setting forth: That one of your Petitioners was at the Island of St. Peters, (which lies eastward of Cape Breton;) he applied to the commanding officer of said place for powder, who presented him with a small quantity, although the Island’s stock was but small; that the commanding officer appeared very friendly to the American cause, and much pleased with their proceedings, upon your Petitioners’ giving him an account of some of them. That Monsieur La Beav, the principal merchant in said Island, (by whom the others are much influenced,) promised one of your Petitioners, if he would covenant with him, he would obligate himself to deliver him seventy-five barrels of powder next May, and that if it was not in the place he would send to France for it. That if this honourable Court will permit your Petitioners to go with their vessel to the said Island of St. Peters, or some other French Islands, with a load of lumber, they will oblige themselves, in what penalty this Court shall order, to bring at least as much powder and warlike stores into this Colony as the value of the lumber they may carry out is, (provided their vessel is not lost or taken,) and will give ample security for their performance; also, that they will deliver the same to such persons as this Court shall appoint, at such prices as this Court gives to others. That your Petitioners make no doubt of obtaining the value of their lumber there in powder and warlike stores, which they humbly think will be of considerable advantage to this Colony. Your Petitioners therefore humbly pray your Honours to take this matter under your wise consideration, and, if it shall seem meet, grant them leave to go in their vessel with a load of lumber to the said Island of St. Peters, or some other French Islands, for the purpose aforementioned.

Read, and committed to Mr. Story and Colonel Orne, with Benjamin Greenleaf, Esq.

Resolved, That there be paid out of the publick Treasury of this Colony, to the Selectmen of the Town of Athol, the sum of sixteen Pounds eight Shillings three Pence half-Penny, in full of their Account for Provisions supplied the Army.

Resolved, That the Sheriff of the County of Barnstable be, and he hereby is, directed and fully authorized and empowered, immediately to take into his possession all such India Tea and English Goods as were brought into Barnstable in a vessel lately arrived there, belonging to one Solomon Davis, and commanded by one Prince Gorham; and that he store the same in some convenient place, till the further order of this Court; and that the Sheriff aforesaid cite the said Solomon Davis and Prince Gorham to attend this Court forthwith, to answer their conduct, by serving them with an attested copy of this Resolve.

Petition of William King, of Great Barrington, setting forth: That he being appointed to raise a company last campaign in Colonel John Fellows’s Regiment, he effected the same, and was accordingly commissioned by the Congress of this Colony; that Mr. Samuel Brewer was returned to serve as Lieutenant, and Mr. Gamaliel Whiting as Ensign of said company; that previous to the issuing said commissions, viz: on the 6th day of May last, said Mr. Brewer was, by general orders, appointed Adjutant-General of the Army at Roxbury, in which station he continued till he was appointed Major of Brigade, in which last station he continued till the close of the campaign. Mr. Brewer was, however, commissioned Lieutenant, and Mr. Whiting Ensign, of said company, in consequence of the aforementioned return to Congress. General Thomas, who then commanded the Army at Roxbury, being acquainted with the promotion of Mr. Brewer, and judging that a company complete with men ought likewise to be provided with officers, ordered that Mr. Whiting should do duty and be obeyed as Lieutenant., and Mr. Nathaniel Crittenton as Ensign of said company; who did their duty and took their rank accordingly in their company and regiment, and agreeable thereto were commissioned by the Continental Congress. Your Honours’ Memorialist therefore has on the Muster-Roll of his company borne Mr. Whiting Lieutenant, and Mr. Crittenton Ensign; but finding he must make oath that the officers borne on said Roll were commissioned by Congress as he had borne them., declined taking the oath; and should Mr. Braver be borne: Lieutenant and Mr. Whiting Ensign on said Muster-Roll, an equal difficulty would accrue in taking the subsequent: part of the oath prescribed, viz: “That they did duty accordingly,” for Mr. Brewer never did a tour of duty in the; company; Mr. Whiting did the duty of Lieutenant, and Mr. Crittenton the duty of Ensign, to the end of the campaign. By reason of the aforesaid difficulties and embarrassments, the Muster-Roll aforesaid is not passed, to the great damage of said company, thirty-three of whom are now in the Continental Army, and in great want of their pay, as are those who have returned home. Your Memorialist begs leave further to observe, that, being under marching orders, will be obliged to leave the said Muster-Roll unsettled, unless some way be provided in which it may be passed.

Resolved, That the Petitioner be directed to bear on his said Muster-Roll the names of the said Gamaliel Whiting as lieutenant, and Nathaniel Crittenton as Ensign, and that upon the said Petitioner making oath that the said Lieutenant and Ensign have served and done duty agreeable to the return made by the said Muster-Roll, the Committee appointed to examine the Muster-Rolls be, and hereby are, directed to pass said Roll in the same manner as if the said Lieutenant and Ensign had been commissioned to those respective offices, the said Brewer having been commissioned Lieutenant, and the said Whiting Ensign, in anywise notwithstanding.

Voted, That Beating Orders should be sent to the following gentlemen for inlisling the Regiment to be raised to fortify the Town and Harbour of Boston, viz:

In the County of Suffolk: Aaron Guild, Captain; Ebenezer Dean, Jun., Lieutenant; John Ellis, the third, Second Lieutenant.

In the County of Essex: Samuel King, Captain; Silas Marble, First Lieutenant; Benjamin Peabody, Second Lieutenant.