emergent and necessary service as they may be called to by the committee of safety aforesaid; and that the said captains and subalterns so elected, form the said companies into battalions, to consist of nine companies each; and that the said captains and subalterns of each battalion so formed, proceed to elect field officers to command the same. And this Congress doth most earnestly recommend that all the aforesaid elections be proceeded in and made with due deliberation and generous|| regard for the public service.

Also, Resolved, That, as the security of the lives, liberties, and properties of the inhabitants of this province, depends, under Providence, on their knowledge and skill in the art military, and in their being properly and effectually armed and equipped, it is therefore recommended, that they immediately provide themselves therewith; that they use their utmost diligence to perfect themselves in military skill; and that, if any of the inhabitants are not provided with arms and ammunition according to law, and that, if any town or district within the province, is not provided with the full town stock of arms and ammunition, according to law, that the selectmen of such town or district take effectual care, without delay, to provide the same.

Resolved, That the blanks in the foregoing report be filled up tomorrow morning, at ten o'clock; and that the committees and officers therein recommended be chosen by ballot.

Resolved, That a committee be appointed to prepare, in the recess of this Congress, a well digested plan for the regulating and disciplining the militia, placing them in every respect on such a permanent footing as shall render them effectual for the preservation and defence of the good people of this province.

Ordered, That Capt. Heath, Capt. Gardner, Mr. Bigelow, Col. Orne, and Col. Thayer, be a committee to take into consideration what exercise will be best for the people of this province at this time to adopt, and report [thereon.]

Adjourned to nine o'clock to-morrow morning.

THURSDAY, October 27, 1774, A. M.

The order of the day was moved for.

Ordered, That the doorkeeper be directed to call in the members. || Ordered, That Col. Warren, Doct. Holten, and Col. Lee, be a committee to count and sort the votes for the committees and officers this day to be elected.

a ||patriotic.||

Resolved, That the Congress will proceed to the choice of the committee of safety, which is to consist of nine members, viz: three in the town of Boston, and six in the country, in the manner following, viz: they will give their votes first, for the three members of the town of Boston, and then for the six in the country.

The Congress accordingly proceeded to bring in their votes for the three members of the town of Boston, and the committee appointed to count and sort the votes, reported, that the following gentlemen were chosen, viz: Hon. John Hancock, Esq., Doct. Warren, and Doct. Church.

The Congress then proceeded to bring in their votes for six gentlemen of the country; after sorting and counting the same, the committee reported, that the following were chosen, viz: Mr. Devens, Capt. White of Brookline, Mr. Palmer, Norton Quincy, Esq., Mr. Watson, and Col. Orne.

Afternoon.

The Congress then proceeded to bring in their votes for five commissaries; and the committee having sorted and counted the votes, reported that the following gentlemen were chosen, viz: Mr. Cheever, Mr. Gill, Col. Lee, Mr. Greenleaf, Col. Warren.

Upon a motion made by Col. Warren, that he might be excused from serving on the committee for supplies, and having offered his reasons therefor, the question was put, whether he be excused from serving on said committee, and passed in the affirmative.

The Congress then proceeded to bring in their votes for a person to serve in the place of Col. Warren, who hath been excused, and after sorting and counting the same, they reported that Col. Lincoln was chosen.

It was then moved, that the Congress proceed to the choice of three general officers; and, Resolved, That they would first make choice of the gentleman who should have the chief command; and the committee having sorted and counted the votes, reported that the Hon. Jedediah Preble, Esq., was chosen.

The Congress then proceeded to bring in their votes for the second in command, and the committee having sorted and counted the votes, reported that the Hon. Artemas Ward, Esq., was chosen.

The Congress then proceeded to bring in their votes for the third in command, and the committee having sorted and counted the votes, reported that Col. Pomeroy was chosen.

The Congress then proceeded to bring in their votes for a committee to sit in the recess of this Congress, agreeable to the resolve of

yesterday, and the committee having sorted and counted the votes, reported that the following gentlemen were chosen, viz :

The Hon. Joseph Hawley, Esq., Hon. John Hancock, Esq., Hon. Samuel Dexter, Esq., Mr. ||Elbridge|| Gerry, Capt. Heath, Major Foster, Hon. James Warren, Esq.

Resolved, That to-morrow morning, nine o'clock, the Congress will take into consideration the propriety of appointing a receiver general. Ordered, That the members be enjoined to attend, and that they do not absent themselves for any cause saving that of absolute necessity. Resolved, That the replication to his excellency's answer, which was ordered to lie on the table for the members to revise, be now taken up and recommitted for some amendments.

Upon a motion, the question was put, whether the Hon. Samuel Danforth, Esq.,1 be desired to attend this Congress upon the adjournment, and passed in the negative.

Upon a motion, the question was put, severally, whether the Hon. James Pitts, Esq., Hon. Artemas Ward, Esq., Hon. Benjamin Green

(1) Twenty-eight counsellors had been chosen, May 25, 1774, at the annual meeting of the general court, agreeably to the provisions of the charter of William and Mary:

For the territory formerly the colony of Massachusetts Bay, eighteen: Samuel Danforth, John Erving, James Bowdoin, James Pitts, Samuel Dexter, Artemas Ward, Benjamin Greenleaf, Caleb Cushing, Samuel Phillips, John Winthrop, Timothy Danielson, Benjamin Austin, Richard Derby, Jun., William Phillips, Michael Farley, James Prescot, John Adams, Norton Quincy:

For the territory formerly the colony of New Plymouth, four: James Otis, William Seaver, Walter Spooner, Jerathmiel Bowers.

For the territory formerly the province of Maine, extending from Piscataqua to Kennebeck, three: Jeremiah Powell, Jedediah Preble, Enoch Freeman:

For Sagadahock, including that part of the present state of Maine between Kennebeck and New Brunswick, one: Benjamin Chadburn:

For the province at large, two: George Leonard, Jun., Jedediah Foster.

When the list was presented to the governor for his approbation, Gen. Gage exercised the prerogative of negative reserved by the charter, and rejected thirteen of the counsellors elect. The names of the gentlemen distinguished by executive disapprobation are printed above in italics.

By the act of Parliament "for the better regulating the government of the province of the Massachusetts Bay," great alterations were made in the charter. The number of counsellors was increased to thirty-six the right of choosing these officers was taken away from the representatives of the people, and the power of selection vested in the crown, after the first day of August, 1774. The gentlemen named below were appointed by the king to be counsellors by writ of mandamus :

Thomas Oliver, Thomas Flucker, Peter Oliver, Foster Hutchinson, Thomas Hutchinson, Jun., Harrison Gray, Samuel Danforth, John Erving, James Russell, Timothy Ruggles, Joseph Lee, Isaac Winslow, Israel Williams, George Watson, Nathaniel Ray Thomas, Timothy Woodbridge, William Vassall, William Brown, Joseph Green, James Boutineau, Andrew Oliver, Josiah Edson, Richard Lechmere, Joshua Loring, John Worthington, Timothy Paine, William Pepperrell, Jeremiah Powell, Jonathan Simpson, John Murray, Daniel Leonard, Thomas Palmer, Isaac Royall, Robert Hooper, Abijah Willard, John Erving, Jun.

The people assembled in large bodies and compelled many of the mandamus counsellors to resign the obnoxious office. The names of those who resisted popular sentiment, by accepting and retaining the appointment, are in italics in the list above.

The Hon. Samuel Danforth had been sworn, although he publicly declared his determination not to act under his commission.

leaf, Esq., Hon. Caleb Cushing, Esq., Hon. Samuel Phillips, Esq., Hon. Richard Derby, Esq., Hon. James Otis, Esq., Hon. William Seaver, Esq., Hon. Walter Spooner, Esq., Hon. Benjamin Chadburn, Esq., Hon. Jedediah Preble, Esq., and the Hon. George Leonard, Esq., be desired to attend this Congress at the next meeting upon the adjournment, and passed in the affirmative.

The question was then put, whether the Hon. John Erving, Esq., and the Hon. Jeremiah Powell, Esq., be desired also to attend this Congress, upon its being evident that they had not accepted, and upon their having given full assurances that they would not accept, of their commissions as mandamus counsellors, and it passed in the affirmative. Ordered, That Mr. Cushing, Col. Prescot, and Capt. Greenleaf, be a committee to bring in a resolve inviting the counsellors aforesaid to attend accordingly.||||

FRIDAY, October 28, 1774, A. M.

The order of the day was moved for. Resolved, That the Congress now proceed to the choice of a receiver general.

Ordered, That Col. Warren, Doct. Holten, and Col. Lee, be a committee to count and sort the votes for a receiver general.

The Congress then proceeded to bring in their votes for a receiver general; the committee having counted and sorted the same, reported that the Hon. Samuel Dexter, Esq., was chosen. But upon a motion by him made, that he might be excused from serving in that office, and having offered his reasons for his motion, the question was put, whether he be excused accordingly, and it passed in the affirmative.

Resolved, That the choice of a receiver general be put off till three o'clock this afternoon.

The committee on the state of the province reported a resolve, relative to the removal of the inhabitants of the town of Boston from thence, which was read.

Afternoon.

Upon a motion made by Mr. Greenleaf, one of the committee for providing stores, that he might be excused from serving in that office, and having offered his reasons for his motion, the question was put, whether he be excused accordingly, and it passed in the affirmative.

The Congress resumed the consideration of the report of the committee recommending the removal of the inhabitants of the town of Boston from thence. Ordered to be recommitted and that the committee sit forthwith.

a ||Adjourned till to-morrow morning, nine o'clock.||

Resolved, That the Congress now proceed to the choice of a receiver general. The votes being carried in, and the committee having sorted and counted the same, reported that Henry Gardner, Esq., was chosen. Resolved, That the Congress now proceed, according to their order in the forenoon, to bring in their votes for the choice of a person to fill up the committee for providing stores, in the place of Mr. Greenleaf, who was excused. The committee having counted and sorted the same, reported that Mr. Benjamin Hall was chosen.

The committee on the state of the province reported a resolve relative to the collecting and paying the outstanding taxes, which was read and accepted; but, upon a motion, the above vote was reconsidered, and the report was committed to Major Hawley, Mr. Gerry, and Major Foster, for amendments, which ||"being|| done, was again considered and accepted, and is as followeth, viz :

Whereas, the moneys heretofore granted and ordered to be assessed by the general court of this province, and not paid into the province treasury, will be immediately wanted to supply the unexpected and pressing exigencies of this province, in its present distressed circumstances, and it having been recommended by this Congress that the same should not be paid to the Hon. Harrison Gray, Esq., for reasons most obvious; Therefore,

Resolved, That Henry Gardner, Esq., be, and he hereby is, appointed receiver general until the further order of this or some other Congress, or house of representatives of this province, whose business it shall be to receive all such moneys as shall be offered to be paid into his hands to the use of the province by the several constables, collectors, or other persons, by order of the several towns or districts, and to give his receipts for the same; and the same moneys to pay out to the committee of supplies, or a major part of them, already appointed by this Congress, or the order of said committee, or the major part of them, for the payment of such disbursements as they shall find to be necessary for the immediate defence of the inhabitants of this province. And it is hereby recommended to the several towns and districts within this province, that they immediately call town and district meetings, and give directions to all constables, collectors, and other persons who may have any part of the province taxes|| of such towns or districts in their respective hands or possession, in consequence of any late order and directions of any towns or districts, that he or they immediately pay the same to the said Henry Gardner, Esq., for the purpose aforesaid.

a ||was.||

b demands.||

c money collected by taxes.||