No Carolina Cruizer Sloop of War,
in Cape Fear River Octr 16th 1775.
[Extract]
Your Lordship may depend I will not fail in the strictest observance of His Majesty's commands to exert every endeavour, and to employ every means that shall be in my power to aid and support General Gage and Admiral Graves in all such operations, as they may think proper to undertake for carrying The King's orders into full execution, and restoring the authority of His Majesty's Government. at the same time, I grieve to be obliged to acknowledge to Your Lordship, that I have not the least power at present to assist their operations.
Mr Samuel Johnston having summoned and convened the late Congress at Hillsborough and presided therein; and having also accepted the Office of Treasurer of the northern District of this Colony under the appointment of this unconstitutional Assembly, of his own creation, in open violation of an Act of the Provincial Legislature, by which Treasurers are appointed, and actually existing, I have thought it high time, and indispensibly my duty to supersede him as Deputy Naval Officer of this Province,2 and I have accordingly appointed Mr Archibald Neilson, a Gentleman well qualified by his knowledge, integrity, and good principles, to act in that Office until His Majesty's Pleasure shall be known he is indeed the only capable person, that in my present state cut off from all intercourse with the Country, I can appoint, or with whom I can communicate upon the subject. I do not think however, that I could, at any time, make a better choice in this Province,
It is possible also that the resentment of Mr John Ashe, occasioned by his disappointment of the chief command of the military establishment formed by the Provincial Congress will cause some division here: for it seems he and his friends are raising men of their own authority in opposition to Mr James Moore, his brother in law, who is appointed Military Chief under the Congress.
In cases of seizures made by The King's Ships it is to be apprehended, it will be very difficult, if not impracticable to form Courts of Vice Admiralty for their Tryal in this Province, as well as in other of the Colonies for want of communication with the proper Officers. in that event Your Lordship knows that Officers of the Navy will be exposed to prosecutions, for detaining, beyond a short limitation of time, Vessels they may seize under the late Act of Parliament restraining the Trade of some of the Colonies, which are thereby directed to be tried, as other seizures, in the Courts of Admiralty; unless in these special cases, and when the proceedings of such Courts shall be opposed, and obstructed, as will probably happen, some provision is made by law for their indemnification.
Mr. Alexander McGregor late Master of the Snow Relief, stranded here in the month of March last, gave me about a fortnight ago a detail of Captain [John] Collet's proceedings with regard to his Cargo upon which he laid in claim as a Salvager. and by this man's account, as well as from other circumstances that have come to my knowledge, I am bound to conclude that Mr Collet's conduct on the occasion was exceedingly injurious, and unjustifiable. I recommended to Captain Collet, on his first report of the case to me at New Bern, to take The Attorney General's opinion and advice for his rule and guide, and to be governed by them minutely, or he would certainly subject himself to prosecution, and very probably to great damages. he accordingly did advise with The Attorney General, I am informed, but followed nevertheless his own judgment; which by the representations of Mr McGregor, I fear was formed more upon views to his own gain and interest, than upon any principles of justice, equity, and charity; all of which the nature of the case ought to have excited in the strongest manner. I much lament My Lord that I have so much reason in this affair, and on other accounts to alter my favorable sentiments of Captain Collet, of whom, and of his principles, I was wont to think highly.
In a North Carolina Gazette of the 29th of September, Your Lordship will see a most pompous display of Discoveries of military stores in and about my house at New Bern, almost every article of which the Author of this abuse, I am persuaded, well knows to be old stores, deposited there by Governor Tryon after his expedition against the Regulators, which it seems, my Servants, in their abundant caution, had buried, as described in the News Papers, to keep them out of the hands of the Mob. of mine, or of my provision, there was nothing among them, but two kegs containing between forty and fifty pounds of Gunpowder (called quarter casks in the News Paper) which I had bought, and intended for saluting The King's last birthday and which on my previous, and necessary departure from New Bern, I directed to be put away in some place of Security.