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5. You shall keep and preserve every ship or vessel and cargo, by you taken, until they shall, by a sentence of a court properly authorized, be adjudged lawful prizes; not selling, spoiling, wasting, or diminishing the same, or breaking the bulk thereof, nor suffering any such thing to be done.

6. If you, or any of your officers or crew, shall, in cold blood, kill or maim, or by torture, or otherwise, cruelly, inhumanly, and, contrary to common usage and the practice of civilized nations in war, treat any person or persons surprised in the ship or vessel you shall take, the offender shall be severely punished.

7. You shall, by all convenient opportunities, send to Congress written accounts of the captures you shall make, with the number and names of the captives; copies of your Journal from time to time; and intelligence of what may occur or be discovered concerning the designs of the enemy, and the destination, motions, and operations of their fleets and armies.

8. One-third, at least, of your whole company shall be landsmen.

9. You shall not ransom any prisoners or captives, but shall dispose of them in such manner as the Congress, or, if that be not sitting in the Colony whither they shall be brought, as the General Assembly, Convention, or Council or Committee of Safety of such Colony shall direct.

10. You shall observe all such further instructions as Congress shall hereafter give in the premises, when you shall have notice thereof.

11. If you shall do anything contrary to these instructions, or to others hereafter to be given, or willingly suffer such things to be done, you shall not only forfeit your commission, and be liable to an action for the breach of the condition of your bond, but be responsible to the party grieved for damages sustained by such malversation.

Resolved, That an Order for 20,000 Dollars be drawn on the Treasurers in favour of James Mease, Commissary, for the use of the Pennsylvania Battalions, he to be accountable.

Resolved, That the pay of the Auditor of Accounts be at the rate of 10662/3 Dollars per annum.

Resolved, That this Congress will, to-morrow morning, resolve itself into a Committee of the Whole, to take into consideration the Trade of the United Colonies.

Adjourned to ten o’clock, to-morrow.


Thursday, April 4, 1776.

Resolved, That the Treasurers be directed to see that Colonel Bellestre’s bills be drawn on some of his friends or correspondents in Canada, and not upon General Carleton.

The Committee of Claims reported, that there is due,

To John De Hart, for Provisions furnished by Archibald Campbell, the sum of 17.9 Dollars.

Ordered, That the said Account be paid.

Resolved, That an Order for 100 Dollars be drawn on the Treasurers in favour of Mons. Le Fontaine, for his services in Canada.

Agreeable to the Order of the Day, the Congress resolved itself into a Committee of the Whole, to take into consideration the trade of the United Colonies; and after some time spent thereon, the President resumed the chair, and Mr. Harrison reported, that the Committee had taken into consideration the matter referred to them, and had come to sundry Resolutions, which he was ordered to deliver in.

The Resolutions agreed to by the Committee of the whole Congress, being read,

Ordered, To lie on the table.

The Committee to whom were referred the Memorial of James McKnight, and the Letter from Alexander McDonald, George Grillespie, and J. W. Saunders, brought in their Report, which was read. Whereupon,

Resolved, That the Committee of Inspection and Observation of the County of Burlington be requested to make sale of the Sloop Sally, whereof the said James McKnight was Prize-Master, and which was lately run ashore by him within the said County, together with her tackle, apparel, and furniture, and the cargo on board, at publick auction; and after deducting the charges of securing and selling the same, to pay one moiety of the surplus to the said James McKnight for salvage, and retain the other moiety thereof for the owner or owners.

Resolved, That Messrs. Alexander McDonald, George Gillespie, and J. W. Saunders, who have lately come into the Colony of New-Jersey from the British West-India Islands, where, and in Great Britain, they have considerable property remaining, be excused from entering into the Militia of the said Colony, and from signing the Association: Provided always, That they be in all other respects subject to the like taxes and regulations with the other inhabitants of the said Colony.

The Committee appointed to consider the best ways and means of supplying the Army in Canada, brought in a further Report; which was read.

Ordered, To lie on the table.

Resolved, That the sum of 53 Dollars be advanced to Mons. St. Aulaire, to be deducted out of his pay.

Adjourned to ten o’clock, on Saturday.


Saturday, April 6, 1776.

Resolved, That the Resolution respecting the Sloop Sally, passed on Thursday last, be reconsidered, and that it be recommitted to the same Committee.

Resolved, That the Secret Committee be directed to supply Captain Romans with twenty-four Muskets, for the use of his Company.

Resolved, That the said Committee be directed to deliver to Colonel St. Clair six pounds of Powder and four pounds of Lead, for the use of the Rifle Company in his Battalion.

The Congress resumed the consideration of the Report from the Committee of the Whole; and the same being twice read, and debated by paragraphs, was agreed to, as follows:

Resolved, That any Goods, Wares, and Merchandise, except staves and empty casks, other than shake nor knocked down casks for molasses, may be exported from the Thirteen United Colonies, by the inhabitants thereof, and by the people of all such countries as are not subject to the King of Great Britain, to any parts of the world which are not under the dominion of the said King: Provided, That no vessel be permitted to export any greater number of shaken or knocked down molasses casks than the same vessel is capable of carrying when they shall be filled with molasses.

Resolved, That any Goods, Wares, and Merchandises, except such as are of the growth, production, or manufacture of, or brought from any country under the dominion of the King of Great Britain, and except East India Tea, may be imported from any other parts of the world to the Thirteen United Colonies, by the inhabitants thereof, and by the people of all such countries as are not subject to the said King; liable, however, to all such duties and impositions as now are, or may hereafter be laid by any of the said Colonies.

Resolved, That nothing herein contained shall be understood to prevent such future commercial regulations as shall be thought just and necessary by these United Colonies, or their respective Legislatures.

Resolved, That no Slaves be imported into any of the Thirteen United Colonies.

Resolved, That it be recommended to the Assemblies and Conventions in the several Colonies, to appoint proper officers, at convenient places in their respective Colonies, to take bonds, in adequate penalties, for observing the regulations made by the Congress or Assemblies, or Conventions, concerning Trade, and for securing the observation of such parts of the Association as are not inconsistent therewith; and that the obligor shall, within eighteen months after the departure of the vessel, produce to such officers a certificate, under the hands and seals of three or more reputable merchants, residing at the port or place where the cargo shall be delivered, that the same was there unladed; and take manifests upon oath of the cargoes exported and imported, and keep fair accounts and entries thereof; give bills of health when desired; grant registers, showing the property of the vessels cleared out; and sign certificates that the requisites for qualifying vessels to trade have been complied with; and that the fees of the said officers be stated by the respective Assemblies or Conventions: Provided always, That no prosecution upon any of the said bonds shall be commenced but within three years after the date thereof

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