till this evening or to-morrow. On his return she will acquaint him with the summons, and makes no doubt but he will immediately attend the Congress.

To Captain Thomas Randall.

Scott’s Tavern, in Wall street, [June 22, 1776.]

The Committee met pursuant to adjournment.

Present: Mr. Hobart, Mr. Tredwell, Colonel Graham, Mr. Randall, Mr. Gansevoort.

The Committee unanimously chose Mr. Hobart Chairman pro tempore.

Whitehead Hicks, Esq., attending on a summons returnable this day, was called in. The Chairman read to him part of the Resolutions of the Congress of this Colony relative to persons of equivocal character, and desired him to show cause to this Committee why he should be considered as a friend to the cause and rights of America.

Mr. Hicks says the cause he can show is only negative; that he defies envy itself to show anything in his conduct that is against his country; that he has for many years held honourable and lucrative Crown offices, unsolicited, and repeatedly sworn allegiance to the Crown; that in this situation, were his nerves stronger, he would not willingly personally take up arms on the part of the country; that his father and brothers are strongly attached to, and engaged in, the American cause; that he therefore, as well as from principle, will never be induced to take up arms against his country; that some of his near relations are in the Continental Army; that he never advised or dissuaded any person, not even his servants or domesticks, in these measures; that his servant has been engaged in this country’s service from the first of these troubles, and is now actually serving in the troops raised in this Colony, without the least contradiction or dissuasion on his part.

Mr. Hicks was then asked by the Chairman whether, in his opinion, the British Parliament has a right to tax America? He replied that he would be very unwilling to be taxed by the British Parliament.

The Chairman then asked him whether he was willing to subscribe the Association made by the Provincial Congress on the 20th instant; to which he replied that he could not sign it because he could not take up arms, and that, as an honest man, he could not sign anything which he did not mean to perform.

Mr. Hicks was then asked by the Chairman whether he thought the present measures of the Colonies in defending by arms justifiable. To this he replied that arms were the last resort, and justifiable where necessary as the last resort; but that he has not fully examined or considered whether every other necessary expedient had been previously used.

Mr. Hicks withdrew.

Resolved, unanimously, That Whitehead Hicks, Esq., is not such a friend to the cause and rights of America as is mentioned in the Resolutions of the Congress of 5th day of June instant.

Resolved, unanimously, That it is not necessary to remove Mr. Hicks from his present place of residence.

Resolved, unanimously, That Mr. Hicks’s Parole be taken that he will not oppose or contravene the measures of the Continental Congress or the Congress of this Colony, and that his Parole is sufficient security.

Mr. Hicks was called in and informed of the determinations of the Committee, and a copy of the Parole delivered to him.

Mr. Hicks read the copy of the Parole, and declared that he would wish to consider whether this Parole might in any manner interfere with his oath and office of a Judge, but had not any other objection to it.

The Committee informed Mr. Hicks that he might take time to consider of it.

Mr. Hicks requested, and the Committee consented, that Mr. Hicks consider thereof until Monday next, then to return the said Parole signed or to call on this Committee.

An Order of the Congress of this Colony of the 21st instant, relative to Samuel Whitten, referring his case to this Committee, was read, and is in the words following, to wit:*

The Letter from Colonel Hand, exhibiting the charges against the said Samuel Whitten, was also read, and taken into consideration.

The said Samuel Whitten was called in. He says he crossed the ferry in a boat with some officers on Thursday last; that he was something in liquor, and spoke something too free. He then related the conversation with the officers during his passage across the ferry. He further says that he has been drafted for in Captain Buchanan’s Company, in which company he is a Sergeant; that he voluntarily offered to take a chance of being drafted; that had he not been in the state he was he would not have said what he did at that time. Whitten further says that he thinks the Americans are right in their resistance by arms, and that he is willing to take up arms and defend the country; that he only mentioned it as his opinion that the troops would land at Long-Island; that he never had any information of that kind.

The said Samuel Whitten subscribed the Association made by the Congress of this Colony on the 20th instant.

Thereupon, Resolved, That Samuel Whitten be discharged, and permitted to go at large.

Mr. Samuel Martin, attending pursuant to a summons from this Committee returnable this day, was called in. He says he attends in pursuance of a summons received last week.

The Chairman read to him the Resolutions of the Congress of this Colony of 20th instant, relative to persons of equivocal character, and desired him to show cause, if any he had, why he should be considered as a friend to the American cause.

Mr. Martin says he has never done anything against the country, and is not an enemy to the country; that he always meant to remain as peaceable and inactive as he could.

The Chairman asked Mr. Martin if he chose to be considered as a friend to the American cause, and as one of those who are willing to risk their lives and fortunes in defence of America.

Mr. Martin declared he should be sorry to be considered as an enemy to the country, and never meant to lift an arm against America.

The Chairman informed him that he now had an opportunity to distinguish himself as the friend of America.

He replied that he was ready to give any assurances that he would not take any active part against America; that he never meant to take up arms.

Mr. Martin being asked whether, in his opinion, the British Parliament has a right to tax America, he replied that, in his opinion, the Parliament has not a right to lay internal taxes on the Colonies. Being asked what he understood by internal taxation, replied that he would consider a land tax as an internal tax. Being asked whether he did not think a tax on personal estates was equally unconstitutional, he replied that he did not, if it was for the regulation of trade; but that he is not a politician, and has confined his studies to his own profession.

Mr. Martin was then asked whether he would give security that he would not oppose or contravene the measures of the Continental Congress or of the Congress of this Colony. He replied that he would, but that he did not know of any person in this city to apply to to be his security; that he would apply to his father, who resides on Long-Island, who would be his security.

Mr. Martin withdrew.

Resolved, unanimously, That Samuel Martin is not a friend to the American cause.

The Chairman then put the question, whether it is necessary to remove Samuel Martin from his present place of residence?

The Committee unanimously agreed that they have not sufficient information to determine that question at present, and therefore agreed to defer the further consideration thereof till to-morrow morning.

Mr. Martin was called in and informed thereof, and desired to attend at the City-Hall to-morrow morning, at ten o’clock.

Robert Fenton, of the City of New-York, Brass-founder, being sworn, saith: That five or six weeks ago, at his own house, one Jacob Losee, master of a periagua of John Rapalye,

*A Letter from Robert H. Harrison, General Washington’s Secretary, enclosing a Letter from General Hand, relative to a suspected dangerous man named Samuel Witten, was received and read.

Ordered, That the said Letter be referred to the Secret Committee.