The Delegates now proceeded to confer with General Washington as well on sundry Matters mentioned in his Letters to the Congress upon which no Order had been made as also upon other Matters occurring in the Course of this Business ー and . . .

3. In what Light are Vessels which are made Captures of with their Cargoes to be considered? that is what Part is to be assigned the Captors in the pay of the Continent & where Vessels are fitted out at publick Expence & how is the Residue of the Vessel & Cargo to be disposed of ー

The instructions given by the General to the armed Vessels now out being considered were approved, except that one third of the wh8le Capture be allowed the Officers & Men without any Reserve ー

4. What is to be done with Prisoners taken in Transports by Vessels either in the Continental Pay or others? are they to be detained as Prisoners or released? if the former what Distinctions are to be made between those taken by the Continental Vessel & others In Respect to the Generals Cognizance of them is meant? Agreed That all Persons taken in Arms on Board any Prize be deemed Prisoners at the Disposal of the General as well such Prizes as are taken by Vessels fitted out in the Pay of the Continent as others — That all Vessels employed merely as Transports & unarmed with their Crews be set at Liberty upon giving Security to return to Europe but that this Indulgence be not extended longer than to the 1st April next. . . .

21. Six Vessels (armed) are now fitted out & fitting upon the best Terms to intercept the Enemy's Supplies ー will this be agreeable to the Congress?

Agreed that this Committee approve of this scheme & recommend it to the Congress?²