Abraham Yates

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Die Sabbati, 4 ho˙ P˙ M˙, August 10, 1776.

The Convention met pursuant to adjournment. Present:

NEW-YORK. — Mr˙ Bancker, Mr˙ Roosevelt, Mr˙ Beekman, Major Abeel.

ALBANY. — Mr˙ A˙ Yates, Mr˙ Adgate, Mr˙ Bleecker.

SUFFOLK. — Mr˙ Smith, Mr˙ Tredwell, Mr˙ Hobart.

DUTCHESS. — Mr˙ R˙ R˙ Livingston, Mr˙ Plait, Mr˙ Sackett, Major Schenck.

ULSTER. — Mr˙ Confine, Mr˙ Wisner, Jun.

WESTCHESTER. — Mr˙ Haviland, General Morris, Mr˙ Morris, Judge Graham.

TRYON. — Mr˙ Harper.

QUEEN' S. — Mr˙ W˙ Smith, Major Lawrence.

CHARLOTTE. — Mr˙ Duer.

ORANGE. — Dr˙ Outwater, Mr˙ Wisner.

CUMBERLAND. — Mr˙ Stephens.

Brigadier-General Woodhull being necessarily absent, with the consent of the Convention, Abraham Yates, Jun˙, Esq˙, was unanimously chosen President pro tempore, and accordingly took the chair.

The Convention resumed the consideration of the Resolutions which were debated this morning, and adjourned over, and the same being agreed to, are in the words following, to wit:

Resolved, That one-fifth part of the Militia of the County of Albany be immediately draughted, and marched with the utmost expedition to the encampment to the northward of King' s Bridge, to continue in service one month after their arrival at the said encampment, unless sooner discharged, and that the officers commanding this reinforcement be

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Resolved, That one-half of the Militia of King' s and Queen' s Counties be immediately ordered to march and put themselves under the command of the officer commanding the Continental Troops on Nassau-Island, to be continued in service until the 1st day of September next, unless sooner discharged by order of this Convention.

Resolved, That the above levies be formed into Companies, to consist of one Captain, two Lieutenants, three Sergeants, three Corporals, one Drummer, one Filer, and fifty Privates; and that the Captains and Subalterns be appointed by the Field-Officers of each Regiment of the Militia from which the quotas are to be raised, out of the Militia officers, having, in such appointments, regard to their rank and the dates of their commissions, if a sufficient number of such are willing to serve; if not, that they be at liberty to appoint such others as they may think properly qualified, and that the non-commissioned officers be appointed by the Captains of each Company under whom they are to serve.

Resolved, That those Troops to be raised in the County of Albany shall be under the command of one Colonel, one Lieutenant-Colonel, and one Major, and have one Adjutant, one Quartermaster, and one Surgeon. The Field-Officers of the levies to be raised in the County of Albany to be appointed by the Brigadier-General and the County Committee of the said County. The Troops or levies to be raised in King' s and Queen' s Counties to be formed into one Regiment, under the command of one Colonel, one Lieutenant-Colonel and one Major, and have one Adjutant and one Quartermaster. The Field-Officers of those to be raised in the Counties of King' s and Queen' s to be appointed by this Convention, and the Adjutant and Quartermaster of each Regiment to be appointed by the Colonel of such Regiment.

Resolved, That each man be furnished with a good Musket or Firelock, Bayonet or Tomahawk, a Blanket and Knapsack, and every six men with a Pot or Camp-Kettle. And to the intent that the levies so raised may not be unfurnished with Arms, the Committees in the different Townships and Districts in the said Counties, and the Colonels of the Regiments, are hereby empowered to furnish all such as have no Arms, by taking them from those who are not draughted, and such other persons in the Districts as have Arms, the same being valued by the Committees of each District, the amount of such valuation hereafter to be paid to the proprietors of said Arms by this Convention, or the Arms restored in the same order to their former proprietors, and that one penny per mile be allowed during their march for subsistence money, and one day' s pay for every twenty miles between home and rendezvous, going and coming.

Resolved, That the officers and men who compose this Regiment shall receive Continental pay and rations during the time they are in service, agreeable to their several ranks.

Resolved, That the Resolutions of this Convention relative to calling out every fifth man from the Militia of the County of Albany, be submitted to General Washington, and if he shall think them necessary, be sent to the Brigadier-General of the County of Albany by express.

Resolved, That General Morris be desired to order out the whole Brigade, with five days' provisions, to take possession of such parts of the Sound and Hudson' s River as he thinks most exposed to the enemy; and that the said Militia continue in service, and under Continental pay and subsistence, for ten days, unless sooner discharged by this Convention; that each man who shall not have arms, bring with him a shovel, spade, or pickaxe, or a scythe, straightened, and fixed on a pole.

Resolved, That General Clinton be empowered to call in such part of his forces as he may think necessary to reinforce the post to the northward of King' s Bridge.

Resolved, That General Morris be ordered immediately to apprehend and secure the persons ordered to be apprehended by this Convention yesterday, and that he be furnished with a list of these persons' names.

Resolved, That the Commanding Officer of the Militia in the Counties of Orange, Dutchess, and Ulster, be immediately ordered to hold their whole Militia in readiness to march, with five days' provisions, on the earliest notice;

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Resolved, unanimously, That whenever the whole Militia of any County in this State shall be ordered to march, that they bring with them all the disarmed and disaffected male inhabitants from sixteen to fifty-five years of age, who shall serve as fatigue-men to the respective Regiments.

Resolved, That whenever the whole or any part of the Militia of this State shall be ordered out on actual service by this Convention or any future Legislature of the State, and any Colonel, or other commanding officer of a Regiment, or any Captain, or other commanding officer of a Company, shall neglect or refuse to comply with such orders, the Brigadier-General of the Brigade to which such officer shall belong, shall immediately suspend him from his office, and with all convenient speed order a General Court-Martial for his trial; and he being thereof duly convicted before such Court by the oath or affirmation of two or more credible witnesses, shall be cashiered and rendered incapable of thereafter holding any military office within this State.

Resolved, That when any man who shall have been draughted in pursuance of the orders of this Convention, shall absent himself and neglect to appear, after being duly notified, the Field-Officer of the Regiment to which such offender shall belong, shall, upon due proof of the same, by the oath or affirmation of two or more credible witnesses, raise from the estate of the offender, by distress and sale, so much money as shall be sufficient to hire a man to serve in his stead, and apply the same to that purpose, provided the same shall not exceed the sum of £30, and provided, also, that nothing in this resolution shall be construed to excuse the said absentees from serving with the other draughts from the Militia.

Resolved, That if any Militia officer in the service of this State shall, during the present invasion, resign his commission, after having received orders to proceed upon duty from this Convention or his superior officer, without the permission of the Convention of this State, or shall not repair with all possible despatch to such place or places as he or they may be ordered by the Convention of this State or by his superior officer, shall, upon good proof before a General Court-Martial, be rendered incapable of hereafter holding any military employment under this State; and that the name of such officer shall be held up in all the publick newspapers as a deserter of his country' s cause.

Ordered, That the foregoing Resolves relative to the neglect of duty or resignation of Officers of the Militia, be published in the newspapers.