he made, but they were bad and would not shoot straight, and eleven smooth narrow-bored guns; that he sent some of them to one Mrs. Beck’s, a tavern-keeper, near the Fly Market, with orders to send them on board, which she accordingly did, and that the said Webb carried the remainder; that the said Webb told this examinant that Governour Tryon would give him three guineas apiece for them; that at the time when an exchange of prisoners took place with the man-of-war, and Tiley was, among others, exchanged, the Mayor, viz: David Matthews, Esq., sent for this examinant and told him he was going on board the Governour’s ship, and that he would get the money due from the Governour to this examinant for the rifles aforesaid; that on his return the Mayor told this examinant ho would pay him in a few days; that this examinant never did receive any money from him for the said fire-arms; that this examinant told Charles Benson that he was about inlisting men, and that he told this examinant it would do.

GILBERT FORBES.

Examined by and before me, this 29th June, 1776:

PHILIP LIVINGSTON.

Thursday, A. M., June 27, 1776.

The Committee met at the City-Hall, in the Council Chamber, pursuant to adjournment.

Present: Leonard Gansevoort, Esq., Chairman pro tempore. Mr. Livingston, Mr. Randall, Mr. Morris, Colonel Graham, Mr. Tredwell.

Mr. Axtell attending according to the order of this Committee of the 24th instant, was called in. He says that he is of the same opinion that he was when last before this Committee as to the signing of the parole which was offered to him—as his signing the parole might be construed on the other side of the water an overt act, and made use of to forfeit his estate there. Mr. Axtell further says that he is ready to give his parole not to take any active part against this country, or to do anything inconsistent with the duty of a good citizen.

Mr. Axtell, at the request of the Committee, withdrew.

The Committee then took Mr. Axtell’s particular case into consideration; and, after some time spent therein, the Committee agreed that the particular situation of Mr. Axtell’s estate and property is such as, in the opinion of this Committee, requires a particular provision in his case, which it is not in the power of this Committee to make. That, therefore, this Committee will state his case (concealing his name) to the Congress of this Colony for their direction in the premises, and, in the mean time, discharge Mr. Axtell on his parole to attend this Committee on receipt of a letter or notice for that purpose.

Mr. Axtell was called in, and informed of the present determination of the Committee, and promised the Committee to attend them again at any time on request.

Mr. Axtell then further offered to the Committee, if it was thought necessary that he should remove from his present place of residence, he was very ready to remove with his family up Hudson River, or to any other County in the Colony, and to have limits assigned to him; but that it would be disagreeable to him to remove out of the Colony. Mr. Axtell further says that if all the estate he was possessed of was in America only, he would not hesitate to determine the matter and fully express his sentiments, which, in his opinion, it is not proper for him to do in his present situation.

Ordered, That Summonses issue against the following persons of equivocal character, returnable on Saturday, the 29th instant, at ten o’clock in the forenoon of the same day, viz: Charles Nicoll, Donald McClean, and Peter Graham.

Which said Summonses, signed by all the Members present as aforesaid, were delivered to the Secretary, with directions to give them to the Messenger to be served.

Ordered, That Summonses issue against the following persons as inimical to the cause and rights of America, returnable on Monday, the 1st day of July next, at ten o’clock in the morning of that day, viz: Theophilact Bache, Charles Arden, John Moore, Sen., and Benjamin Williams.

Which said Summonses, signed by all the Members present as aforesaid, were delivered to the Secretary, with directions to give them to the Messenger to be served.

Ordered, That Summonses issue against the following persons as inimical to the cause and rights of America, returnable on Wednesday, the 3d day of July next, at ten o’clock in the forenoon of the same day, viz: Frederick Philipse and Samuel Merritt.

Which said Summonses, signed by all the Members present as aforesaid, were delivered to the Secretary, with directions to deliver them to the Messenger to be served.

Ordered, That a Summons be issued to Richard Morris, Esq., as a person of equivocal character, returnable on Wednesday, the 3d day of July next, at ten o’clock in the forenoon of that day.

Which said Summons, signed by all the Members present as aforesaid, was delivered to the Secretary, with directions to deliver it to the Messenger to be served.

Ordered, That a Summons be issued to Solomon Fowler, as a person of equivocal character, returnable on Thursday, the 4th day of July next, at ten o’clock in the forenoon of that day.

Which said Summons, signed by all the Members present as aforesaid, was delivered to the Secretary, with directions to deliver it to the Messenger to be served.

Ordered, That Summonses issue against the following persons as inimical to the cause and rights of America, returnable on Thursday, the said 4th day of July next, at ten o’clock in the forenoon of that day, viz: Nathaniel Underhill, James Horton, Jun., and William Sutton.

Which said Summonses, signed by all the Members present as aforesaid, were delivered to the Secretary, with directions to deliver them to the Messenger to be served.

Ordered, That Summonses be issued to the following persons as inimical to the cause and rights of America, returnable on Friday, the 5th day of July next, at ten o’clock in the forenoon of that day, viz: Peter Corne and Peter Huggeford.

Which said Summonses, signed by all the Members present as aforesaid, were delivered to the Secretary, with directions to deliver them to the Messenger to be served.

Ordered, That Summonses issue against the following persons as inimical to the cause and rights of America, returnable on Saturday, the 6th day of July next, at ten o’clock in the forenoon of the same day, viz: William Barker, Joshua Purdy, and Absalom Gidney.

Which said Summonses, signed by all the Members present as aforesaid, were delivered to the Secretary, with directions to be delivered to the Messenger to be served.

Lastly, Ordered, That a Summons be issued to the Honourable William Smith, as a person of equivocal character, returnable on Saturday, the 6th day of July next, at ten o’clock in the forenoon of the same day.

Which said Summons, signed by all the Members present as aforesaid, was delivered to the Secretary, with directions to deliver it to the Messenger to be served.

Ordered, That the Secretary prepare a state of the case of William Axtell, Esq., (but concealing bis name,) to be laid before the Congress of this Colony for their direction in the premises.

Adjourned to nine o’clock to-morrow morning.

A case stated by the Committee appointed by the Congress of this Colony to carry into execution their Resolutions of the 5th day of June instant, relative to persons inimical to the cause and rights of America, and those of equivocal character:

A. B., holding an honorary office from the King of Great Britain, and being a gentleman of fortune, was summoned to appear before your Committee, and appeared at the time and place for that purpose appointed.

On his appearance before your said Committee, the Chairman informed him of the Resolutions of this Congress as to persons of equivocal character, and desired him to give evidence of his being a friend to the American cause. The gentleman appealed to the uniform tenour of his conduct, which, he said, had never been unfriendly to his country. Being then asked whether he approves of the American opposition, he replied that he did not of the whole, and signified a disapprobation of the Canada expedition. On being asked whether the Parliament of Great Britain, in his opinion, have a right to bind these Colonies in all cases whatsoever, he said that, in his opinion, they had not; and he