Copy)
Sir

Captain [Robert Palliser] Cooper delivered me your obliging Letter of the 3d Instant, to acquaint me that several Adventurers belonging to Antigua encouraged by the opinion of the Attorney General and other Lawyers, have fitted out several Armed Vessels, and without Commission, and which are sent out to Cruize against the Americans.

I entirely agree with You that self appointed Cruizers are entirely new. I know of no distinction between an Armed Vessel without a Commission from the State and a Pirate; except in a Loaded Vessel, where Arms are for the defence of property. It appears to me that such Armed Vessels are liable to be Seized by any Nation whatever; and the consequences of bringing on a General War by embroiling our Court with that of France ought to be considered by the Inhabitants of these Islands, with great seriousness.

My General Commission gives me full powers in very express Words against all Enemies Pirates and Rebels both by Sea and Land: but by a particular Instruction, in regard to Commissions in the Plantations to "private Ships of War, I am directed to Govern myself whenever there shall be occasion, according to the Commissions and Instructions granted in (this Kingdom) Great Britain." With this Commission and these Instructions I left England in 1773, since which time and particularly since the American open Rebellion began I have received no Instructions upon the Subject of Letters of Mark — therefore this being a very singular contest and of which the like is not to be met with in History, and as Government has thought proper, no doubt for very wise reasons, not to grant Commissions to Private Vessels; I should by no means think myself authorised in the present case, by the words of my Commission, even altho I had no particular Instruction to restrain me: for I do not see how a Servant of the Crown can exercise powers, which the Crown itself does not choose to put'in practice.

Some of the Traders of this Island, after consulting the Attorney General, applyed to me. I could give them no Authority or Commission, nor any further encouragement than that their Vessel would be liable to be Seized by any nation whatever. I am likewise at a loss to know how any Prize such uncommission'd Vessel may take, can be cognizeable by a Court of Vice Admiralty; unless the Judge would condemn both, One as a Rebel and the other as a Pirate.

At the same time I told them, that as several Vessels appear frequently to the Northward of this Island supposed to be American Cruizers: If the Merchants thought proper to present an Address to me desiring I would apply to You as Commander in Chief in these Seas, to send one of His Majesty's Ships under Your Command to protect our Trade and our Coast, I would most readily transmit such an Address and recommend it strongly to Your Notice.

I have heard nothing from them since Friday and as Captain Cooper will sail to Day I will Close this Letter with the assurance of the most perfect esteem and Regard, being Sir [&c.]

[Endorsed] No 10: Governor Hay's Letter in Answer to Adml Young.

[Admiralty endorsement] In Adml Young's Letter Dated 8 March 1777 —