that he knows him to be zealously attached to the Ministerial cause, and a sensible, discerning, intelligent man; that he believes him capable of making such remarks upon our works and Army here as may be extremely injurious to the American cause; that it is well known that he has frequently been viewing our Fortifications and Encampments, and that upon being asked, at General Putnam’s, if he would not join the Ministerial Army, nor give them any intelligence on their arrival here, he declined making any such declaration, and replied that he should be sorry not always to do his duty.

“Your Committee, to whom the case of the said Neil McFall was referred, are of opinion, that from the above representation of Colonel Fleming, and the aforesaid Neil McFall being a Continental Prisoner, and this Congress having no further interfered than by taking his parole at the request of General Schuyler, his case be referred to the Commander-in-Chief of the Continental forces, to deal with him as in his discretion shall seem meet; which, nevertheless, is humbly submitted.

JOHN BROOME, Chairman.”

The same being read, the Congress agree with their Committee in their said Report.

Ordered, That a copy of the aforegoing Report, together with the Parole of the said Neil McFall, be immediately sent to Major-General Putnam.

Die Mercurii, 4 ho. P. M., June 5, 1776.

The Congress met pursuant to adjournment.

Present: Brigadier-General Woodhull, President.

FOR NEW-YORK.—Mr. Scott, Mr. Sands, Colonel Broome, Mr. Hallett, Colonel Stoutenburgh, Mr. Randall.

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

FOR SUFFOLK.—General Woodhull, Mr. Gelston, Mr. Strong.

FOR DUTCHESS.—Mr. James Livingston, Mr. De Lavergne, Mr. Schenck.

FOR ORANGE.—Mr. Haring, Mr. Little, Mr. Pye.

FOR WESTCHESTER.—Major Lockwood, Colonel L. Graham, Captain Flemming.

FOR QUEEN’S.—Mr. Samuel Townshend, Mr. James Townshend, Mr. Van Wyck.

FOR ULSTER.—Colonel Hasbrouck, Major Parks.

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

FOR CHARLOTTE.—Colonel Malcom, Mr. Webster.

FOR TRYON.—Mr. Moore, Mr. Harper.

The Report of the Committee for taking into consideration General Washington’s Letter relative to the Militia, which Report was read and filed on 26th May, was again read.

A Report of a Committee, whereof Mr. Scott was Chairman, of a plan or set of Resolutions for regulating the Militia, which was, on the 13th day of May, made to the late Provincial Congress, and then read and filed, and referred over to this Provincial Congress, was read, and is in the words following, to wit:

Your Committee do report: That they have deliberately considered the condition of the Militia of this Colony as distinguished into Minute-men and common Militia, a distinction which they are of opinion was ill-timed and unfortunate, by not being well adapted to the state of things in this Colony; and as they propose to offer some reasons for a change of the plan of defence by the natural strength of the Colony, they beg leave to begin by assigning these reasons:

The Continental Congress, on the 18th of July last, among other things, resolved that one-fourth part of the Militia in every Colony be selected for Minute-men, of such persons as are willing to enter into this necessary service of defending their rights against Ministerial tyranny, formed into Companies and Battalions, and their Officers, under the degree of Field-Officers, chosen by the men, and commissioned, as well as the Field-Officers, by the respective Assemblies or Conventions, to be ready, on the shortest notice, to march to any place where their assistance might be required for the defence of their own or a neighbouring Colony; and that as these Minute-men might eventually be called to action before the whole body could be sufficiently trained, it was, therefore, recommended that a more particular and diligent attention should be paid to their instruction in military discipline, and that such of the Minute-men as desire it should be relieved by new drafts from the whole body of the Militia once in four months, and that where, in any Colony, a Militia was already formed under regulations approved by the Convention of such Colony, or by such Assemblies as are annually elected, the said Congress referred it to the discretion of such Convention or Assembly either to adopt the foregoing regulations, in the whole or in part, or to continue their former, as they, on consideration of all circumstances, should think best.

Upon this plan the Minute-men of this Colony was formed, and your Committee report the following inconveniences attending the execution of that plan, to wit:

1st. All the Officers, as well those of the common Militia as of the Minute-men, under the degree of Field-Officers, are made eligible by the Privates of each Company; and, therefore, as the above-mentioned regulation for Minute-men gives a choice of Minute-Officers by one-fourth of the Militia, and a succession of Privates is provided for by drafts, it follows that in the succession three-fourths of the Militia will be subject to Officers not of their own election, contrary to the evident design of Congress.

2dly. That in the regulation above-mentioned, by the Continental Congress, for the appointment of Officers, those under the degree of Field being placed in the election of the people, they conceive it to be their undoubted right so to elect, and as the succession by draft will exclude three-fourths of the Militia from such election, there is no possibility of supplying a succession of Privates upon the principle whereon the Minute-men are established; from whence it follows,

3dly. That throughout the different Minute Regiments in the Colony, while the different corps of Officers are complete, the Regiments as to Privates are, and must of necessity continue, very deficient, unless some new regulation be made. Therefore, we report it as the opinion of your Committee,

1st. That the distinction between Minute-men and common Militia, which seems to be a consequence of the aforesaid Resolve of the Continental Congress, be henceforth abolished, that thereby the Militia of the Colony may be again reduced to one common mass.

2dly. That therefore all the commissions for Minute Officers be forthwith recalled, and that every Private be placed under his proper Militia Officer, leaving each Regiment to be officered according to the mode prescribed, that is to say: those under the degree of Field-Officers by election of the Privates, and those above that degree by the appointment of the Provincial Congress.

3dly. As upon this plan many Officers may be reduced to the station of Privates, and it would be very degrading to compel those whose appointments as Officers of Minute-men must be a clear proof of their distinguished attachment to the publick cause, to appear in the ranks, your Committee report it as their opinion that such gentlemen as have been appointed Minute-Officers and will be reduced in consequence of the reform now proposed, be not enrolled among the Militia nor be compelled to do military duties required by the Militia Regulations, but that they be requested by this Congress to keep themselves well equipped as the Militia Regulations require, your Committee not doubting that the laudable spirit which entitled them to a preference as Officers, will induce them, upon any publick emergency, to turn out in defence of their country in the character of Volunteers.

4thly. As your Committee consider the City and County of New-York, Richmond County, and King’s County, as most liable to a sudden invasion, and as the more immediate object of his Excellency General Washington’s request to provide him with a Militia aid in case of an invasion seems to have a more immediate reference to those Counties, your Committee therefore report it as their opinion that the whole of the Militia of the said three Counties, forming together the New-York Brigade, be required to hold themselves completely provided, according to the Militia Regulations, to be at the command of his said Excellency, or the Commander-in-Chief of the Continental forces on the spot, for the time being, at a minute’s warning, upon a proper order to be issued by the Commanding Officer of the Militia for that purpose.

5thly. That it is the opinion of your Committee that one-third part of all the rest of the Militia, without abating any part of the duty prescribed to the Militia in general, be selected and prepared to turn out at the command of the