Resolutions relative to persons dangerous and disaffected to the American cause, and to persons of equivocal character

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The Congress proceeded to hear the Resolutions relative to persons dangerous and disaffected to the American cause, and to persons of equivocal character. The same being deliberately read and agreed to, and the Committee appointed

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Whereas the Continental Congress, by their Resolve of the 6th day of October last, did recommend to the several Provincial Assemblies and Conventions, and Councils or Committees of Safety, to arrest and secure every person in their respective Colonies whose going at large might, in their opinion, endanger the safety of the Colony or the liberties of America:

And whereas, from sundry informations and evidences exhibited to this Congress, it appears that the enemies of American liberty in this and the neighbouring Colonies have a general communication with each other, by reason whereof the influence of the British Ministry, however feeble, is in some measure sustained, and the minds of the people frequently alarmed and poisoned by false reports and misrepresentations purposely framed and propagated with design to promote the views and machinations of the enemies of America:

And whereas certain persons in Queen' s County, King' s County, the City and County of New-York, Richmond County, and Westchester County, have been represented to this Congress as disaffected to the American cause, and, together with others in various parts of the Colony, who having little or no property in it, or regard for its rights, may be influenced by the hope of plunder and confiscation to take an active part with our enemies whenever it may, in their opinion, be done with success:

And whereas, from various reports and the best intelligence which could be obtained from Europe, as well as from the positive assertions of the disaffected throughout this and the neighbouring Colonies, there is great reason to expect that an hostile armament will soon arrive in the Colony, whereby it hath become highly expedient and necessary to provide that the inhabitants of this Colony, while employed in repelling a foreign invasion, be not injured or annoyed by domestick enemies:

Resolved, therefore, That the following persons in Queen' s County, the City and County of New-York, and Richmond County, whose conduct has been represented to this Congress as inimical to the cause and rights of America, and who, if summoned, would probably not appear, but secrete themselves, be arrested and brought before a Committee of this Congress, hereinafter nominated and appointed, to wit:

In Queens County —

Richard Hulet,
Stephen Hulet,
Joseph Beagle.

John Kendall, at Daniel Thorn' s, Flushing.
John Bodine, Chase of Jamaica.
John Hulet, of Oyster-Bay.
Isaac Denton, of Near Rockaway.

In the City and County of New-York —
Peter McLean,
Samuel Galsworthy,
Francis De La Roach.

In Richmond County —
Isaac Decker,
Abraham Harris,
Ephraim Taylor,
Minne Burger.

And that the following persons in the Counties aforesaid, and in the County of Westchester and King' s County, whose conduct has been represented to this Congress as equally inimical with that of the former, but who would probably appear on being summoned, be summoned by the said Committee to appear before them at such time and place as they may appoint, and in default of appearance, on proof of the service of the summons, that they be arrested in like manner as the former, to wit —

William Newton,
Linus King,
John B˙ Dash,
Henry Law,
John Milliner,
Theop˙ Hardenbergh,
Samuel Burling,
John Woods,
Benjamin Williams,
Theophylact Bache,
William Bayard,
Christopher Benson,
Frederick Rhinelander,
James Coggeshall.

In King' s County —
Theophylact Bache,
Benjamin James.

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In Queen' s County —

Charles Arden,
John Moore, Sen˙,
David Beatly, of Hempstead.

In WestChester County —

Frederick Phillips,
Caleb Morgan,
Nathaniel Underhill,
Joshua Purdy,
Samuel Merrill,
Peter Corne,
Peter Huggeford,
Absalom Gidney,
James Horton, Jun˙,
William Sutton,
William Barker.

Which said Committee are hereby authorized and required impartially to inquire and determine whether any, and which of the said persons, have afforded aid or sustenance to the British Fleets or Armies, contrary to the Resolutions of the Continental Congress, or of the Provincial Congress, or Committee of Safety of this Colony, or been active in dissuading any of the inhabitants of this Colony from associating for the defence of the United Colonies against the unjust claims and hostile attacks of the British Parliament, decried the value of the Continental money, and endeavoured to prevent its currency, contrary to the Resolutions of the Continental Congress, or Provincial Congress, or Committee of Safety of the Colony, or been concerned or actually engaged in any schemes to retard or oppose the measures now pursuing by the United Colonies for their defence against the tyrannical and cruel attacks of the British Ministry, or their allies, adherents, or agents.

That all such of the said persons as shall be found by the said Committee to be innocent of the said offences, be immediately discharged; and that a certificate of such acquittal, and of the true light in which they may respectively appear to the said Committee, under the hands of the said Committee, be given by them to the said several persons so acquitted; and that they also report to this Congress the names of the persons so acquitted, that the same may be entered on their Journals, and published, to the end that the reputation of such innocent persons may not suffer or be injured by their having been so arrested. Provided, nevertheless, That if the said persons so to be acquitted should appear in a suspicious light to the said Committee, that the said Committee proceed against them in the manner hereinafter prescribed for their conduct against persons of a suspicious and equivocal character.

And with respect to all such of the said persons as the Committee shall find guilty of all or any of said offences, the said Committee are hereby authorized and required to commit to safe custody all such of them whose going at large would, in their opinion, endanger the safety of the Colony or the liberties of America; and that they discharge the remainder of them on their giving bond, with good security, to the President of the Provincial Congress for the time being, by name, to cease and forbear all opposition to the resolutions and measures of the Continental Congress, or Provincial Congress, or Committee of Safety of this Colony, for the defence of the United Colonies against the unjust claims and hostile operations of the British Ministry to enforce them.

And in case it should appear to the said Committee inexpedient that any of the said persons should continue to dwell at his usual place of residence, that then they do assign, to such person or persons another place of residence in this or one of the neighbouring Colonies, and take his or their parole, or word of honour; or if they should not be deemed sufficient, other security to abide there, and not leave it without license from this or a future Congress; and in case of refusal to give such parole and security, to commit him or them to safe custody.

And whereas it may happen that the said Committee may be informed of other dangerous persons not herein named, whom it would be expedient and necessary to summon or apprehend:

Resolved, That the said Committee be, and they hereby are, authorized and required to cause such persons to be summoned or apprehended, as they may think proper, and to proceed against them in the same manner as is hereinbefore directed with respect to the persons herein particularly named.

And whereas employing detachments of the Militia of this Colony, in arresting the said persons will not only be expensive, but the assembling of them may alarm the suspicions of the said persons and their adherents, and thereby tend to defeat the design of these Resolutions; and as the Continental troops quartered in and near the said three Counties of New-York, Queen' s, and Richmond, may be

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Resolved, therefore, That the said Committee be, and they hereby are, authorized to confer with the Commander-in-Chief of the said troops, and to request of him such detachments of them as may be necessary for the purpose aforesaid; and that he give order that the said detachments while so employed be under the direction of the said Committee, or of discreet persons to be by them appointed: Provided, nevertheless, That the said Committee are hereby empowered to employ such detachments of the Militia as they may think expedient for the purpose aforesaid.

And whereas there may be, and doubtless are, in other Counties of this Colony, divers dangerous persons at present unknown to this Congress:

Resolved, That it be recommended to the Committees of all the Counties in this Colony to be vigilant, and use their utmost endeavours from time to time to discover and summon or apprehend them, and treat them in like manner as is hereinbefore prescribed with respect to the persons hereby ordered to be arrested, and to report their proceedings therein to the Congress of this Colony for the time being.

And whereas it may often happen that the Committees of Towns and other Districts in a County may discover many dangerous persons whom it would be proper immediately to secure, in which case an application to the County Committee would not only be attended with great delay, but would also afford such dangerous persons an opportunity to escape:

Resolved, therefore, That the said Committees of the different Towns and Districts in the several Counties of this Colony be, and they hereby are, authorized and required to cause all persons whom they may esteem dangerous and disaffected, to appear before them, either by arrest or summons, as the said Committee, in their discretion, may think proper, and take from the said persons respectively good and sufficient security to appear before the General Committee of the County at such time and place as they shall order him to attend, and then and there to answer such matters as shall before the said General Committee be alleged against him; and on refusal to give such security, to commit to safe custody the said person or persons so refusing, until the then next meeting of the said General Committee with whom the accusation against the said dangerous and disaffected person or persons ought forthwith to be lodged by the Committee of the Town or District by whom they may be apprehended, summoned, or committed as aforesaid.

And whereas there is in this Colony divers persons who, by reason of their holding offices from the King of Great Britain, from their having neglected or refused to associate with their fellow-citizens for the defence of their common rights, from their having never manifested by their conduct a zeal for and attachment to the American cause, or from their having maintained an equivocal neutrality, have been considered by their countrymen in a suspicious light, whereby it hath become necessary, as well for the safety as for the satisfaction of the people, who, in times so dangerous and critical, are naturally led to consider those as their enemies who withhold from them their aid and influence:

Resolved, That the following persons, who are generally supposed to come under the above description, to wit:

In the City and County of New-York—

Oliver De Lancey,
Charles W˙ Apthorpe,
William Smith,


Charles Nicoll,
Gerard Walton,
Donald McLean,
Robert Bayard,
Peter Graham,
Peter Van Shaack,

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In King' s County —

Aug˙ Van Cortlandt,
John Rapalye;

In Richmond County —

Benjamin Peaman,
Christopher Billop;

In Queen' s County —

Gabriel Ludlow,
Samuel Martin,
Thomas Jones,
Archibald Hamilton,
David Colden,
Richard Colden,
George D˙ Ludlow,
Whitehead Hicks,
Samuel Clowes,
George Folliot,
Samuel Doughty,
Daniel Kissam,
Gilbert Van Wyck,
John Willett,
David Brooks,
Charles Hicks,
John Townsend,
John Polhemus,
Benjamin Whitehead,
Thomas Smith,
John Shoals,
Nathaniel Moore,
Samuel Hallett,
William Weyman,
Thos˙ Hicks, at Rockaway,
Benjamin Lester;

In Westchester County —

Solomon Fowler,
Richard Morris;

and also all such other persons of the like character as the said Committee may think proper, to be summoned by the said Committee to appear before them at such time and place as they shall appoint, then and there to show cause, if any they have, why they should be considered as friends to the American cause, and as of the number of those who are ready to risk their lives and fortunes in defence of the rights and liberties of America, against the usurpation, unjust claims, and cruel oppressions of the British Parliament, which rights and liberties, and which unjust claims and cruel oppressions, are specified and stated in divers Addresses, Petitions, and Resolutions of the present and late Continental Congress; and in default of appearance, the said Committee, on proof made of the service of the said summons, are authorized and directed to cause them to be arrested and brought before them by warrant, under their hands, directed to any Militia Officer in this Colony, who is hereby required to execute the same.

And if, on the appearance and examination of the said persons, it shall appear to the satisfaction of the said Committee

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And it is further Resolved, That all such of the said persons as the said Committee shall not adjudge and determine to be friends of the American cause, the said Committee be, and they hereby are, required to treat and dispose of in the following manner, to wit:

That such of them as may be men of influence in the neighbourhood of the place of their present residence, be removed to such place in this or a neighbouring Colony as will deprive them of an opportunity of exerting that influence to the prejudice of the American cause, and respectively bound by their parole or word of honour, or other security, at the discretion of the said Committee, neither directly nor indirectly to oppose or contravene the measures of the Continental Congress, or the Congress of this Colony, and to abide in the place and within the limits to be assigned them, till the further order of the present or future Provincial Congress, or Continental Congress; and in case they shall refuse to give such parole or other security, to commit them to safe custody.

And as to such of the said persons whose removal, in the judgment of the said Committee, shall not appear necessary, that the said Committee do cause them to be respectively bound with such security, by parole or otherwise, as the said Committee shall deem necessary, neither directly nor indirectly to oppose or contravene the measures of the Continental Congress or the Congress of this Colony. Provided, nevertheless, that the said Committee shall be, and they are hereby, authorized, in case they shall, on inquiry, find any or either of the said persons to be so dangerous as that they ought not to be permitted to go at large, to order such of them to be kept in safe custody.

Resolved, That the said Committee and the County Committees keep a just record of their proceedings, in pursuance of these Resolutions, and report the same, with the substance of the evidence offered to them for and against the several persons who shall be by them apprehended, summoned, tried, and examined, by virtue of the aforesaid Resolutions; and that they have power to send for witnesses and papers.

Resolved, That the said Committee consist of the following gentlemen, to wit: Mr˙ Morris, Colonel Remsen, Mr˙ John Ten Broeck, Mr˙ Haring, Mr˙Tredwell, Colonel Lewis Graham, and Mr˙ Hallett; and that any five of them be a quorum, and that before they enter on the business herein before assigned them, they, and also all such of the County Committees as may be engaged in carrying these Resolutions into execution, severally take an oath diligently, impartially, without fear, favour, affection, or hope of reward, to execute and discharge the duties imposed on them by the aforegoing Resolutions.

Resolved, That the said Committee appoint such persons as they may think proper to repair to the said Counties, to inquire for and procure the witnesses against the persons herein directed to be arrested or summoned, to appear and give evidence against the said persons before the said Committee; and that the said persons be paid for their trouble at the rate of fifteen shillings for each day they shall respectively be employed on that service, and that the witnesses they may direct to attend as aforesaid be paid their reasonable expenses for travelling charges and subsistence, to be certified and allowed by the said Committee, which certificate shall be a warrant to the Treasurer of this Congress to pay the person or persons in whose favour such certificate shall be given the sum or sums therein allowed as aforesaid.