5. You shall keep and preserve every ship or vessel, and cargo, by you taken, until they shall, by à 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 oflicers 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 surprized 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 any thing contrary to these instructions, or to others -hereafter to be given, or willingly suffer such thing 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 favor 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 one thousand and sixty-six dollars and two-thirds of a dollar 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 take colonel Belletre's bills rawn 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 one hundred dollars be drawn on the treasurers in favor 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 matters referredto them, and had come to sundry resolutions, which he was order

ed 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 from James M'Knight, and the letter from Alexander M'Donnald, George Gillespie, 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 public 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.

That Messrs. Alexander M'Donnald, George Gillespie, and J. W. Saunders, who have lately come into the colony of New-Jersey from the British WestIndia 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 army in Canada, brought in a farther report, which was read:

the

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 secret committee be directed to supply captain Romans with twenty-four muskets for the use of his company.

That the said committee be directed to deliver to colonel St. Clair six lbs. of powder and four pounds of lead, for the use of the rifle company of 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, or merchandise, except staves and empty casks, other than shaken or 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 Colo

nies.

Resolved, That it be recommended to the assemblies and conventions in the several colonies, to appoint proper officers, at convenient places in their respecfive 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 shewing 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.

Resolved, That all goods, wares, and merchandises, except such as are made prize of, which shall be imported directly or indirectly from Great-Britain or Ireland, into any of these United Colonies, contrary to the regulations established by Congress, shall be forfeited and disposed of, agreeable to such rules as shall be made by the several assemblies or conventions, and shall be liable to prosecution and condemnation in any court erected, or to be erected, for the determination of maritime affairs, in the colony where the seizure shall be

made.

Resolved, That a committee of three be appointed to bring in a resolution for disposing of and using the tea now in these colonies:

The members chosen, Mr. R. Morris, Mr. Jay, and Mr. M'Kean.

The committee of claims reported, that there is due,

To Robert Erwin, wagon-master, for William M'Carty's and Richard Key's teams, to Virginia, with powder, each thirty days, and ferriages, the sum of 250.5 dollars.

Ordered, That the same be paid.

The committee to whom the letters from general Schuyler, of the 7th and 19th, and from W. Paulding, esq. chairman of a committee of the convention of New-York, of the 26th of March last, were referred, brought in their report, which being taken into consideration,

Resolved, That the committee of inspection and observation of Albany be desired to examine, state and settle the accounts of expenses incurred in the taking of Ticonderoga and Crown-Point, which shall be laid before them by general Schuyler, and report the same to Congress.

Resolved, That the commissioners for Indian affair in the northern department be desired to assure the Indians that Congress will do every thing in their power to procure goods for them, and hope they shall soon accomplish it. Resolved, That Robert Yates be appointed secretary to the commissioners for Indian affairs in the northern department, and be allowed at the rate of two hundred and fifty dollars by the year.

Resolved, That the remainder of the report be postponed.

A letter from general Washington of the 27th of March, and

A letter from brigadier general Heath, being received and read,

Resolved, That the letter from general Washington, with the papers enclos

ed, be referred to a committee of the whole Congress.

Resolved, That the sum of 100,000 dollars be sent to New-York, for the use of the army there, in the service of the United Colonies.

The committee for prisoners brought in a report, which was read:

Ordered, 'To lie or the table.

Resolved, That the delegates of Virginia be directed to write to their convention, or committee or council of safety, to collect and forward to the treasurers of the United Colonies, what gold and silver they can procure, and to draw on the president for the amount thereof, at the rate of eight dollars for half-joes, weighing nine pennyweight.

The committee on qualifications, having recommended Sanuel Checkley, as a proper person to fill a vacancy of an ensign in the third Pennsylvania battalion:

Ordered, That a commission be granted to the said Samuel Checkley accordingly.

Adjourned to ten o'clock on Tuesday next.

TUESDAY, April 9, 1776.

Resolved, That the sum of 200,000 dollars be sent to New-York, for the use of the continental forces there.

A list of prisoners brought from Canada by major Zedwitz, and a letter of the 4th from John Nelson, chairman of the committee of Brunswick, respecting prisoners brought to that place; also, a letter from colonel Haslet, of the Delaware battalion, being laid before Congress, and read,

Resolved, That they be referred to the committee on prisoners.

A letter of the 5th, from captain Brice, a prisoner at Brunswick, was presented to Congress and read; Whereupon,

Resolved, That captain Brice be permitted to come to Philadelphia, in order to consult a physician, and there wait the orders of Congress.

A letter of the 6th of March, from brigadier-general Wooster, and a letter of the 26th of the same month from general Schuyler, were laid before Congress, and read.

The Congress proceeded to the election of an auditor-general, and the ballots being taken and examined,

John Gibson, esq. was elected.

The Congress took into consideration the report of the committee on prisoners: Whereupon,

Resolved, That captain Thomas Gamble be not exchanged, there being no cartel settled.

Resolved, That captain Duncan Campbell be permitted to reside with his wife and family in the city of Burlington, in New-Jersey.

Resolved, That the committee on prisoners be directed to write to general Schuyler, and take his opinion whether Allan M'Donald, and the other hostages taken in Tryon county, may, consistent with the public safety, be permitted to return to their respective homes on their parole.

Resolved, That a list of the prisoners of war in each colony be made out and transmitted to the house of assembly, convention, council, or committee of safety of such colony respectively, and that they be authorized and requested to cause a strict observance of the terms on which such prisoners have been enlarged, and also to take especial care that none of those confined by order of Congress, be suffered to escape; and also, that the allowance to each prisoner be punctually paid by the president of the convention, or of the council or committee of safety of the colony in which he resides; and where there are no conventions, by the speakers of assembly, which said presidents or speakers are hereby authorized, from time to time, to draw for the sums advanced in pursuance of this resolution, upon the president of Congress.

Resolved, That brigadier-general Prescot, upon subscribing the parole ordered, be enlarged from his present confinement.

The committee of claims reported, that there is due,

To Lewis Nicola, for repairs done at the old gaol in this city, fitted up for the reception of troops, the sum of 226 dollars:

To Joseph Page, for his service in attending the powder-wagons to Virginia, the sum of 55, dollars, and that the same ought to be paid to Benjamin Harrison, esq.

To Jacob Garrigues, for transcribing minutes, letters, &c. for Congress, the sum of 48.2 dollars:

To John Bruce, for 402 tin cartouch-boxes, the sum of 174.2 dollars: To John Armer and Samuel Allen, for bringing baggage, &c. belonging to Messrs. Dulhunt and Gamilli, from New-York to Philadelphia, the sum of 21 dollars, and that the same ought to be paid to Samuel Allen:

To sundry persons, for horse hire, provisions, &c. the sum of 12.5 dollars, and that the same ought to be paid to John Alsop, esq.

To Clement Biddle, for provisions, &c. for the British troops of the 7th and 26th regiments, who are prisoners, the sum of 294 dollars, and for wampum for the southern department, the sum of 59 dollars:

To Ludowic Kuhn, for boarding part of captain Roman's company of matrosses, the sum of 59.8 dollars:

To William Shepherd, for two horses sold by him to general Lee, and for sundry articles of geers, the sum of 175.7 dollars:

To Matthias Slough, for provisions for the 7th and 26th regiments of British troops, from the 26th February, to the 21st March, the sum of 193.3 dollars. Ordered, That the above accounts be paid.

Lord Sterling having, agreeable to the order of Congress of the 19th of March last, appointed persons to value the boat of Michael Kearney, jun. and transmitted to Congress the valuation by them made, amounting to 725 dollars: Ordered, That the same be paid to the said Michael Kearney. Adjourned to ten o'clock to-morrow.

WEDNESDAY, April 10, 1776.

Two letters of the 1st from general Washington, were laid before Congress and read; also a letter of the 8th from John Connolly.

Resolved, That the letters from general Washington be referred to a committee of the whole Congress.

The committee to whom the report on Indian affairs in the middle department, and the petition of captain White-Eyes, were referred, brought in their report, which was taken into consideration: Whereupon,

Resolved, That the commissioners for Indian affairs in the middle depart ment, or any one of them, be desired to employ, for reasonable salaries, a minister of the gospel, to reside among the Delaware Indians, and instruct them in the Christian religion; a school-master to teach their youth reading, writing, and arithmetic; also, a blacksmith to do the work of the Indians in the middle department.

Resolved, That the commissioners for Indian affairs in the middle department, be desired to provide, at the expense of the United Colonies, for the entertainment of the sachems and warriors of the Indians, and their attendants and messengers, with the accustomed hospitality, when they come to Pittsburg, to treat, or give intelligence of public affairs, or upon a visit.

Resolved, That the commissioners for Indian affairs be desired to acquaint the Indians in their respective departments, that Congress have formed a plan for importing goods to supply their necessities:

That the commissioners for Indian affairs be desired to enquire, and report the cause, of the discontent of the Indians in the middle department, what measures may be pursued to restore quiet and harmony, and to use their utmost endeavors, in the mean time, to prevent hostilities.

Resolved, That although the prosperity of Dartmouth college, in the colony of New-Hampshire, is a desirable object, it is neither seasonable nor prudent to contribute towards its relief or support, out of the public treasury.

Resolved, That so soon as conveniently may be, a treaty be held between the commissioners for Indian affairs in the middle department, and the nations of Indians to the westward; and that the said commissioners be desired to appoint the time and place of meeting for that purpose, and give the Indians information thereof.