Ordered, That the said Philip Youngs be committed to close custody, and the Officer of the Guard appointed to guard the Prisoners now under confinement on suspicion of being guilty of the same crime, be, and he is hereby, directed and required to receive into the custody of this said Guard the said Philip Youngs, and him keep in close custody until the further orders of this Congress.

Ordered, That George Youngs be, and he is hereby, permitted to go into the Guard-Room wherein the persons are confined on suspicion of counterfeiting the Bills of Credit of the United Colonies, to visit and converse with his sons in the presence and hearing of the Officer of said Guard.

Mr. James Livingston, from the Committee appointed to take into consideration the dangerous consequences of the Small-Pox spreading in this Colony made a Report.* After some time spent in consideration thereof,

Ordered, That the same be recommitted.

Ordered, That Colonel Broome and Colonel Stouten-burgh be added to the Committee to stop the Channel.

A Certificate of Henry Lockwood and Denne Ralye, Sen., two of the Committee of New-Marlborough Precinct, certifying that at an election held by Captain Bowdewine Tare-penning’s Company, David Ostrander was duly chosen Second Lieutenant of said Company, was read and filed.

Ordered, That the said David Ostrander be commissioned accordingly.

Die Lunæ, 4 ho. P. M., June 3, 1776.

The Congress met pursuant to adjournment.

Present: Brigadier-General Woodhull, President.

FOR NEW-YORK.—Colonel Broome, Mr. Randall, Colonel Stoutenburgh, Mr. Beekman.

FOR ALBANY.—Mr. Cuyler, Mr. Glenn, Mr. Ten Broeck.

FOR ORANGE.—Mr. Van Houten, Mr. Little.

FOR QUEEN’S.—Mr. Samuel Townshend, Mr. James Town-shend.

FOR ULSTER.—Colonel Hasbrouck, Mr. Parks.

FOR RICHMOND.—Mr. Conner, Mr. Cortelyou.

FOR CHARLOTTE.—Mr. Webster, Colonel Malcom.

FOR TRYON.—Mr. Moore, Mr. Harper.

A Letter from General Putnam, dated this day—informing this House of complaint being lodged against Sergeant Mc-Fall, of the Twenty-Sixth Regiment, taken at St. John’s; that he is a dangerous man, frequently visiting the Fortifications in and about this City and the Encampments, and is represented as a cunning, designing fellow. The General requests an inquiry may be made—was read and filed.

Ordered, That it be referred to the Committee for taking Examinations; to be reported with all convenient speed.

Samuel Hopkins, attending, requested permission to speak to Israel Youngs, who is confined by order of this Congress.

Ordered, That the Officer commanding the Guard at the City-Hall be requested to permit the bearer, Samuel Hopkins, to speak to Israel Youngs in the presence and hearing of the said Officer.

Another Letter from General Putnam of this day’s date, with a list of Tory Prisoners committed to hard labour at the forts, was read and filed.

“ Head-Quarters, New-York, June 3, 1776.

“ SIR: I am informed by the Earl of Stirling, who has lately visited the fortifications on Hudson’s River, in the Highlands, that there are several persons at Fort Montgomery, sent in there prisoners from the Counties of Westchester, Dutchess, and Albany, by Committees of certain Districts, persons notoriously inimical to the present measures of the United Colonies, with orders to the commanding officer to keep them at hard labour till further orders. How far such a punishment, or the place of confinement may be proper, I will not determine; but as it does not accord with any general rule or order of Congress, I must have some doubts of the propriety of the officers of the Army carrying such an order into execution without some higher authority; and should, therefore, be glad to have the sentiments of the Congress of this Province on this subject. A copy of the names of the prisoners is enclosed.

In consequence of an order of Congress, all the Militia and Minute-men employed in Continental pay, were, soon after the arrival of the Army from Cambridge, dismissed from that service; however, Colonel Nicoll remains in command at Fort Constitution, on a supposition that he has not been properly discharged by the Congress of this Province, who employed him. As the Field-Officers of Colonel Clinton’s Regiment are now ordered to that post, the expense is become unnecessary; and, therefore, it will be proper that Colonel Nicoll be informed of the sentiments of your Congress thereon.

“ I am, sir, your most obedient and very humble servant,

“ ISRAEL PUTNAM.

“ To the President of the Congress of New- York.”

“Fort Montgomery, May 31, 1776.

“A list of Tory Prisoners now at this garrison, who were sent here by order of Dutchess, Manor of Livingston, East Camp, Claverack, and Rhinebeck Precincts: Nathaniel Finch, George Shannon, John Johnson, Dennis Riley, Philip Teed, Benjamin Dubois, David Close, Johannes Coupar, Philip Chine, Frederick Row, Coenradt Hoffman, Martinus Coupar, Jun.; were sent to be kept at the laborious part of the duty of this garrison during the pleasure of the aforesaid Committee.

“ From Westchester County : Johnson, of Peekskill.”

Thereupon, Resolved, That the persons confined in Forts Montgomery and Constitution be kept close Prisoners in the same until they shall give the Committees, by whose viour as the said Committees shall think needful; and that order they are now there, such security for their good beha-in the intermediate time the said Prisoners be not compelled to labour at the said Fort.

Ordered, That a Letter be written to General Putnam, in answer to his two Letters received and read this afternoon, and that a copy of the aforegoing Order be enclosed; also, that copies of the said Order be transmitted to the several Committees by whose order the said Prisoners were sent to the Fortifications.

A draft of the said Letter was read, and approved, and is in the words following, to wit:

SIR: We have been honoured by your letter of this day relative to the confinement of sundry persons at the fortifications in the Highlands, the conduct of Sergeant McFall, and the dismission of Colonel Nicoll.

By the enclosed orders, you will perceive that we have paid attention to the situation of the prisoners, and complied with your request concerning the Colonel. We have the honour further to inform you, sir, that a Committee is appointed to take cognizance of Sergeant McFall’s conduct, and report the same to this House; and that we are, with the utmost respect, yours, &c.

By order.

To Major-General Putnam.

Ordered, That a copy, signed by the President, be transmitted,

A Petition of Henry Dawkins was read and filed. He therein informs the Congress that Philip Youngs is innocent of the suspicion of being concerned in counterfeiting money.

Ordered to lie on the table.

*Whereas the Congress of the Colony of New-York, now convened in the City of New-York, have taken into consideration the dangerous consequences of the Small-Pox spreading in this Colony, especially as great numbers of the Army have not had it: To prevent the same as much as possible, we do

Resolve, That no Doctor, or any other person or persons whatsoever, do presume at any time or times hereafter, to inoculate any person or persons with the Small-Pox within this Colony,

And it is further

Resolved, That if any person or persons shall presume to inoculate any person or persons within this Colony, and shall be thereof convicted before any Committee of the respective Counties within this Colony, such person or persons so convicted shall, for every offence, forfeit the sum of dollars, to be paid to and applied by the Churchwardens or Overseers of the Poor for the County in which such convictions shall happen, to the use of the poor of the said County; the said Churchwardens or Overseers accounting, from time to time, to the said Committee for the sums by them so received, and the manner in which they shall apply and expend the same. And in case such person or persons, so offending and found guilty as aforesaid, shall refuse to pay the penalty inflicted as aforesaid, he, she, or they, so offending, shall be imprisoned until he, she, or they pay the same.

Which is humbly submitted to Congress by their Committee.

JAMES LIVINGSTON, Chairman.