Joseph Henderson Appointed to Lay the Disbursements of this Colony

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Tuesday, February 13, 1776.

Present in Council; Honourables Benjamin Greenleaf, Caleb Cushing, Walter Spooner, John Whetconib, Jedediah Foster, James Proscott, Eldad Taylor, Benjamin Lincoln, Joseph Palmer, Samuel Holten, Jabez Fisher, Moses Gill, John Taylor, Benjamin White, Esquires.

A Bill, entitled "An Act for ascertaining the number of Inhabitants in this Colony," having passed the House of Representatives, to be engrossed,

In Council: Read a second time, and passed a concurrence, to be engrossed.

In the House of Representatives: Ordered, That Joseph Henderson be appointed to lay the disbursements of this Colony, in defence of American liberty, before the American Congress for approbation.

In Council: Read, and concurred.

In the House of Representatives: Resolved, That there be paid out of the publick Treasury of this Colony to Joseph Henderson, the sum of thirty-five Pounds, to enable him to defray the expenses of his journey to Philadelphia, on account of this Colony.

In Council: Read, and concurred.

In the House of Representatives: Resolved, That the Receiver-General of this Colony be, and is hereby empowered and directed to make use of the Continental Money now in the Treasury, transmitted to this Colony by the honourable Continental Congress, as well as the Bills emitted by this Colony, for discharging all Warrants drawn upon him by the Council of this Colony.

In Council: Read, and concurred.

In the House of Representatives: The House made choice, by ballot, of Jonathan Warner, Esq˙, a Brigadier for the County of Worcester, in the room of Brigadier Whetcomb, who declines that appointment.

In Council: Read, and concurred.

In the House of Representatives: The House made choice, by ballot, of Ephraim Hartwell, Quartermaster of the Regiment to be raised in Worcester, as a reinforcement to the American Army, to the 1st of April next, in room of Mr˙ Clap, who declines.

In Council: Read, and concurred.

In the House of Representatives: The Committee to whom was referred the consideration of Mr˙ Elias Hasket Derby' s conduct in importing Coffee and other goods, from the Island of Dominica, contrary to the Resolves of Congress, have attended that service, and have examined the several depositions in the case, as well as the orders given by Mr˙ Derby to Captain Lander, and heard several witnesses on the affair-upon the whole, are of opinion, that the said Captain Lander has acted quite contrary to the orders of his owners, and in direct violation of the Resolves of the Continental Congress. And as to Mr˙ Derby' s conduct in this affair, the Committee are unanimously of opinion, that he has not, in the importation of those goods from Dominica, acted, in any way, contrary to the Resolves of the Continental Congress, and that he ought not to be charged with the misconduct and misbehaviour of said Lander.

Resolved, That the Coffee, and such other articles as were imported contrary to the Association, in the Schooner William, Peter Lander, master, from Dominica, in the hands of the Committee of Correspondence, of the Town of Ipswich, and of the Town of Beverly, or in the hands of whoever else it be stored, at the charge and risk of the owner, and kept in safe custody until the further order of this Court.

In Council: Read, and concurred.

The Committee of both Houses, appointed to consider the Petition of Philip Hodgskins, making complaint against Colonel James Cargill; also, a Letter from Samuel Jordan, Chairman of the Committee at Goldsborough, complaining of Colonel Cargill; also, setting forth the state of several vessels detained by said Committee; furthermore, requesting that a number of troops be stationed there; and that the doings of Committees in places not incorporated may be confirmed, have attended that service, and beg leave to report their opinion in several paragraphs, as follows, viz:

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That, as to the complaint of Philip Hodgskins against Colonel Cargill, for confinement, your Committee are of opinion that it is a matter cognizable before a civil rather than a legislative Court.

That the said Hodgskins is worthy of the favourable notice of this Court, for his zeal in pursuing and taking the Sloop Advance, Nehemiah Eastman, Commander, on her return from Boston to Georgia.

As to the complaint of the Committee of Goldsborough against said Cargill, no part thereof was supported; therefore, in our opinion, ought not to operate to the disadvantage of said Colonel Cargill. Furthermore, as to the vessels detained by the Committee of Goldsborough, your Committee are humbly of opinion, that this Court has made sufficient provision already.

Your Committee beg leave further to report as their opinion, that a Committee of both Houses be appointed to Consider and report what is further necessary to be done in order to support and protect the people in the County of Lincoln, east of Penobscot-River. Also, how Committees shall be chosen in places not incorporated.

ELDAD TAYLOR, per order.

The Committee of both Houses on the Letter tins morning received by this Court, from his Excellency General Washington, relative to supplying the Army with Fire-Arms, beg leave to report, by way of Resolve, viz:

In Council: Resolved, That a Committee be appointed in the several Counties of Suffolk, Essex, Middlesex, Hampshire, Worcester, Plymouth, York, and Bristol, to purchase, as early as possible, in the recess of this Court, all the good and effective Fire-Arms, which are to be obtained in the several towns in the Counties aforesaid, on the best terms they may be had, and forward them, without delay, to his Excellency General Washington, or his order.

Resolved, That it be recommended to his Excellency, to deliver to the Chairman of each Committee, for the several Counties aforesaid, such sum or sums of money as may be sufficient to enable them to execute their commission with care and despatch, they to be accountable to his Excellency for the same.

In the House of Representatives: Read, and accepted, and the following gentlemen are appointed for the purpose within expressed, viz:

For the County of Suffolk: Captain Ellis, Mr˙ Witherton, Colonel Thayer, and Mr˙ Metcalf.

For the County of Essex: Mr˙ Jewett, Captain Epes, Mr˙ Ingalls, and Mr˙ Johnson of Lynn.

For the County of Middlesex: Colonel Barrett, Mr˙ Stickney, Colonel Perry, and Mr˙ Bryant.

For the County of Hampshire: Captain Goodman, Mr˙ Cranson, Colonel Field, Major Ely, and Major Bliss.

For the County of Worcester: Mr˙ Singletary, Captain Parker, Captain Moore, Mr˙ Stone, and Colonel Grout.

For the County of Plymouth: Colonel Mitchell, Major Cushing, Major White, and Mr˙ Partridge.

For the County of Bristol: Colonel Williams, Mr˙ Hathaway, Captain Tobey, Mr˙ Starkweather.

For the County of York: Mr˙ Hovey, Captain Bragdon, and Major Goodwin.

In Council: Read, and concurred.

Adjourned to ten o' clock, to-morrow morning.