(A Sp[eec]h[)] of N: B. Before the County Court held at Lewis town Feb: 14 1776 N:B: The Sheriff was afraid of being acctble for the de[b]t and desird the Court to indem[ni]fy him.
I was this Morning inform'd that one [William] Green who had deserted from me was last evening, on that account, taken up and put in your Goal. As it was very common whilst we lay at Reedy Island for the Good People about New Castle to apprehend deserters, and either send them on board or keep them in Goal till we sent for them, I thought I had nothing more to do than to send an Officer to pay his Goal fees and take him out. But it seems that after he was put in Goal for desertion a writ has been served on him for a debt in consiquence of which the Sheriff has Refused to deliver up My Man
This Man May it please the Court and you Gent. of the jury was put in Phila: Goal for Raising a Mutiny in the Gallies and I Obtaind an Order of the Committee to take him out. Provided he enterd into the Continentel Service? and on no other terms would he have been Released. I beg the favoir of the Court to Read a Resolve of Congress Respecting the arresting of Men enterd into their Service which is directly in point. And which I hope you will allow aught to Supercede all other Laws whatever, (the Resolve) by this Gent[n] you see the de[b]t must be attested on Oa[t]h before a writ can be issued. In this Case no oath has been Made, Neither before nor since the Arrest.
I know not the Particular laws of Your County. But will Venture to say that if you make a d[i]stincktion between the Goal and Goal Yard, and that it [is] against Law to arrest in the Goal and not in the Goal Yard Your Laws differ from those of the Rest of the World. They are both equ[a]lly Places of Confinement. I again say such Procecdure is without Precedent in any other Laws & derectly against those of the Congress. It is most strongly Recommended by the Congress to Abate as much aspossi'ble the Rigours of the Laws in such Cases. In the Present it is streched far beyond its bounds. I should be very sorry to have the least Cause to Suspect this County of want of firm[ness] in the Cause. But Really this Conduct seems Calculated to counteract their Measures. I shall only add that it is in your Power to give Me the Man as you plainly see that He is not nor cannot be Legally detaind. If I am not to have him Let me know the Men by whose power & Authorety he is kept in Order that I may transmit their Names to the Congress, And let them take order in the Matter. We will send for his Creditors and talk with them ー What! ! ! Whenever I Ship a Man I must send through the Provinces or Continent to know to whom he is indepted and whether or not tis agreeable to them I should have him. Oh [dam]n. I believe you may take him ー
twas near five Oclock before I got ashore and what with turning Orator and Breaking the Goal Door made it so late that I did not see My favoirite McCorm[an]
Four Raskels stood on their defence Barricad[e]d their Room door which Obliged me to force it. Tell Cousin Clemmy I must owe him a letter till I can find Something worth telling [I] am Very happy in haveing Sam N[i]cholas in the fleet If he wants any news in the small ware way, tell him [to] come to you, that I write you ten times as [much] as you can have patience to Read. Give my Love to Mother Charles and all Friends I am Yours Affy
[On the covering sheet]
Capt Haz[ar]d A Stout Man Very Vain and Ignorant ー as much low cunning as Capacity
C: Hacker of the Fly an Active Smart Seaman
C: Stone A Very Stout and Very Good kind of Man
C: Saltonstal a Sensible indefatigable Morose Man
C Hopkins A Good Naturd Man
C B " a Mighty good Young Man 6
To Mrs Lydia Mcfunn
in third Street Philadelphia