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Resolved, That an Order for 30,000 Dollars be drawn on the Treasurers, in favour of Thomas Lowry, Commissary, for the use of the New-Jersey Battalions, he to be accountable.
Resolved, That the sum of 2700 Dollars be advanced to Mr. T. McKean, he to get the same exchanged for specie, and pay the same into the Treasury.
The Committee on Qualifications having recommended Peter Scull to be a Brigade-Major in the Army of the United Colonies, in the Middle Department;
Joseph Davenport to be a Captain, in the Third Pennsylvania Battalion, in the room of Mr. Scull;
Evan Edwards to be a Captain in said Battalion, in the room of Mr. Alice, who has resigned;
William Tilton to be a First Lieutenant in said Battalion, in the room of Evan Edward;
Garret Steddiford to be an Ensign in the said Battalion;
And having also recommended the following persons for Colonel Irvines Battalion, viz:
Robert Wilson to be a First Lieutenant, in the room of William McCleland, resigned;
John Alexander to be a First Lieutenant, in the room of Robert White, resigned;
Andrew Irvine to be a Second Lieutenant, in the room of John Alexander;
Neeper, an Ensign in the room of John Murray, who has resigned;
Resolved, That Commissions be granted to them accordingly.
Resolved, That the sum of 3200 Dollars, in specie, be advanced to Mr. Cole, to be by him delivered to the Commanding Officer in Canada, for the service of the Continent, and that he be desired to proceed thither immediately.
The Committee of Claims reported, that there is due,
To Dr. Jonathan Potts, for attendance on the Second and Fourth Pennsylvania Battalions, the sum of 67.6 Dollars;
To Colonel Nathaniel Heard, for expenses in the expedition against the Tories on Long-Island, the sum of 2161.6 Dollars.
Ordered, That the said Accounts be paid.
The Congress resumed the consideration of the Declaration; which was agreed to, as follows:
Whereas the Petitions of the United Colonies to the King, for the redress of great and manifest grievances, have not only been rejected, but treated with scorn and contempt, and the opposition to designs evidently formed to reduce them to a state of servile subjection, and their necessary defence against the hostile forces actually employed to subdue them, declared rebellion: And whereas an unjust war hath been commenced against them, which the commanders of the British fleets and armies have prosecuted, and still continue to prosecute, with their utmost vigour, and in a cruel manner, wasting, spoiling, and destroying the country, burning houses and defenceless towns, and exposing the helpless inhabitants to every misery from the inclemency of the winter, and not only urging Savages to invade the country, but instigating Negroes to murder their masters: And whereas the Parliament of Great Britain hath lately passed an act, affirming these Colonies to be in open rebellion, forbidding all trade and commerce with the inhabitants thereof, until they shall accept pardons, and submit to despotick rule, declaring their property, wherever found upon the water, liable to seizure and confiscation, and enacting, that what had been done there by virtue of the Royal authority were just and lawful acts, and shall be so deemed; from all which, it is manifest that the iniquitous scheme concerted to deprive them of the liberty they have a right to by the laws of Nature and the English Constitution, will be pertinaciously pursued: It being therefore necessary to provide for their defence and security, and justifiable to make reprisals upon their enemies, and otherwise to annoy them, according to the laws and usages of nations, the Congress, trusting that such of their friends in Great Britain (of whom, it is confessed, there are many entitled to applause and gratitude for their patriotism and benevolence, and in whose favour a discrimination of property cannot be made) as shall suffer by captures, will impute it to the authors of our common calamities, do declare and resolve, as followeth, to wit:
Resolved, That the inhabitants of these Colonies be permitted to fit out Armed Vessels to cruise on the enemies of these United Colonies.
Resolved, That all Ships and other Vessels, their tackle, apparel, and furniture, and all goods, wares, and merchandises, belonging to any inhabitant or inhabitants of Great Britain, taken on the high seas, or between high and low water mark, by any Armed Vessel, fitted out by any private person or persons, and to whom commissions shall be granted, and being libelled and prosecuted in any Court erected for the trial of maritime affairs, in any of these Colonies, shall be deemed and adjudged to be lawful prize; and, after deducting and paying the wages which the seamen and mariners on board of such captures as are merchant ships and vessels shall be entitled to, according to the terms of their contracts, until the time of the adjudication, shall be condemned to and for the use of the owner or owners, and the officers, marines, and mariners of such Armed Vessel, according to such rules and proportions as they shall agree on: Provided, always, That this resolution shall not extend to any vessel bringing settlers, arms, ammunition, or warlike stores to and for the use of these Colonies, or any of the inhabitants thereof, who are friends to the American cause, or to such warlike stores, or to the effects of such settlers.
Resolved, That all Ships or Vessels, with their tackle, apparel and furniture, goods, wares, and merchandises, belonging to any inhabitant of Great Britain as aforesaid, which shall be taken by any of the Vessels-of-War of these United Colonies, shall be deemed forfeited; one-third, after deducting and paying the wages of seamen and marines as aforesaid, to the officers and men on board, and two-thirds to the use of the United Colonies.
Resolved, That all Ships or Vessels, with their tackle, apparel, and furniture, goods, wares, and merchandises, belonging to any inhabitants of Great Britain as aforesaid, which shall be taken by any Vessel of War fitted out by and at the expense of any of the United Colonies, shall be deemed forfeited, and divided, after deducting and paying the wages of seamen and mariners, as aforesaid, in such manner and proportions as the Assembly or Convention of such Colony shall direct.
Resolved, That all Vessels, with their tackle, apparel, and furniture, and cargoes, belonging to the inhabitants of Great Britain, as aforesaid, and all Vessels which may be employed in carrying supplies to the Ministerial armies, which shall happen to be taken near the shores of any of these Colonies, by the people of the country, or detachments from the Army, shall be deemed lawful prize; and the Court of Admiralty within the said Colony is required, on condemnation thereof, to adjudge that all charges and expenses which may attend the capture and trial be first paid out of the moneys arising from the sales of the prize, and the remainder equally divided among all those who shall have been actually engaged and employed in taking the said prize. Provided, That where any detachments of the Army shall have been employed as aforesaid, their part of the prize-money shall be distributed among them in proportion to the pay of the officers and soldiers so employed.
Resolved, That the foregoing Resolution be published.
Resolved, That a Committee of five be appointed to consider of the fortifying one or more Ports on the American coast, in the strongest manner, for the protection of our Cruisers, and the reception of their Prizes; that they take the opinion of the best Engineers on the manner and expense, and report thereon to Congress.
The Members chosen, Mr. Harrison, Mr. J. Adams, Mr. Hewes, Mr. R. Morris, and Mr. Whipple.
Resolved, That the Commissioners appointed to go to Canada, or any two of them, be empowered, if they think it necessary for the service of the United Colonies, to raise a number of Independent Companies, not exceeding six, and to appoint the Officers; that they also be empowered to fill up all vacancies that may happen in the Army of the United Colonies in Canada, while they are there.
Resolved, That 10662/3 Dollars, in Continental money, over and above the 1600 Dollars to be paid them in specie, be advanced to the Commissioners going to Canada, to defray their expenses, they to render an account.
Resolved, That 400 Dollars, in specie, be paid to Mr. Walker, in full for so much by him lent to General Wooster.