Gentlemen

My last to you was the 7th Ulto. by Capt. [John] Souder Inclosing you first bill Wm Oliphant on his father David Oliphant Esqr of Charles Town, for One thousand Dollars at 10 days sight when paid to be held at my Disposial ー Si~ce I have a letter from Capt Barry Hartwell informing me that my Briga Salley under His Command Bound from London To Tobago, was at Sea Seized by Samuel Chamlen of the Reveng [American Revenue] Privateer belonging To Newlondon, that he with the Privateer was arrived in Charles Town ー where the Briga was hourly Expected, Should she get in, Must beg the favour that you will defend her As my Property which she Certainly is ー as I do in the Most Solemn manner declare to you. I built her, nor ever did or none do or at the Time of Capture any Person whatever hold the least Part or share thereof.

You will Observe she is Registered in the Name of James Mitchell of Londonderry in Ireland ー last September Twelve months Capt Hartwell sailed from here wth A load of Flax seed To the Address of Mr Mitchelf whom I permit'd to Employ the Briga in such manner as He should Judge most Conducive to my Interest in Consequence of this discretional Power Mr Mitchell ordered Capt Hartwell to the West Indies ー First makeing the Brig His Property In order to secure her against English Captures ー how she has Since been Employed Capt Hartwell can inform ー you well Know the Pra[c]tice of these Matters ー If you fail in Clearing her on Tryal in the Court of Admiralty, Lodge an Appeal to Congress where I have no Doubt of Recovering my Property on your Transmitting Me the Proceedings of the Court where she was Tryed.

The Change of Property was without my Desire Knowledge or Consent in any way ー but notwithstandg Could I Conceive setting up a Claim would materially Effect the Reputation of Mr Mitchell (who could have nothing in View but serving me as an Old Friend[)] ー I would sacrifice the Whole but I Conclude this Cannot be the Case here ー The Proceedings of the Court Can never go to Europe Authenticated therefore A base Report will be of but little Avail with Respect to Injureing Mr Mitchell Caractor Besides the number of ships under Similar Circumstances With mine ha[s] made the thing Very familiar ー

If you are fortunate Enough to get the Vessel Clear Employ her in the best manner you Can on Freight Either To France Spain Holland or the west Indies, and Insure her value If to be done on Terms that will not totally distroy her Earning ー she had Dutch Papers. Hartwell Can Tell you What is done with them

Should the Brig be Condemned and an Appeal Lodged A valuation is the next Step, the Brig is about nine Year Old, but between ourselves very valueable for Her Size ー as I Know your Capacity in Matters of this sort and flatter my self of your friendly Inclination Toward me ー make it unecessary to give Any particular direction about this Part ー

If she cant be Employed as you shall Judge To Appearance of Advantage Lay her up in some place where she will Receive the lea[s]t Damage and be at the least Expence untill I can give further Instructions About her ー any Port she may go to Direct her to the Care of your friend and Back to you If you think Proper with her nett freight in such Articles as you please which sell for my Acco ー best set Statia I shall be Glad to have her under the Care of my Kinsmen Messrs J. & S. Jones ー I am with Tender of my best Services [&c.]

Inclosed you have Second Bill Wm Oliphant on David Oliphant Esqr For 1000 dollrs

[Endorsed by Mifflin] Alexander Gillon & Co South Carolina p Capt Chatton Covering a letter to Capt Hartwell

[On verso] A Compromise of one or Two hundred Pounds sterg Will be Acceptable Rather than a law Suit

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