Sir,

I wrote the Hon^ble Marine Committee two Letters respecting the three prize Vessels taken from the Enemy, the former on the 18^th: May and the latter the first of June by Richardson who went Express to Congress and Edw^d: Telfair Esq^r:—¹ As I apprehend there cannot be the least doubt of both those Letters having been received I think it needless to send Copies of them. This accompanies the proceedings against them in order to be laid before Congress;² the curious and extraordinary adjudication of the Assistant Justices in Liberty County³ on the 18^th instant has made an appeal to Congress necessary, which I entered immediately as the Decree was drawn up and pronounced.— 

In order to explain this business it is necessary to inform you that the Officers of the Army obstructed the sale as is set forth in my Letter of the 1^st: and summoned me to shew cause why the amount of the Sales should not be paid into the hands of Colonel Elbert,⁴ this was at length got over by a Confirmation of the original Decree on a hearing before the Chief Justice, when this was done I thought every difficulty was got over, and endeavored to bring the Sheriff to Account and apply the amount Sales agreeable to the resolves of Congress, to effect which a Rule was obtained from the Chief Justice for the Sheriff to shew cause why an Attachment should not issue against him for Contempt and a day assigned for a hearing, when the Chief Justice on the Motion of the Officers Attorney referred the hearing to be had before the Assistant Justices of Liberty County on the 18^th: Instant, at which time and place I attended in expectation of putting a finishing hand to the business; but to my astonishment, found that the assistant Justices took no notice of the Rule that was before them for the Sheriff to shew cause, but wisely took up a matter that was before them and de creed the Brigantine Hinchinbrook to the United States, as appears by the proceedings herewith transmitted; this was so gross an imposition and so absurd withal, that it exhausted my patience and determined me to appeal from so stupid a Judgm^t: 

Colonel White⁶ might as well have bought the Vessel at twenty thousand pounds and when he found the plan he had figured to himself was not fell in with, get the Court to take the burthen off from his Shoulders and throw it on the United States.— The Copy of Colonel White's Letter to me which I enclosed to the Marine Committee will help to throw some light upon this business, and shew the original intention of purchasing the Vessel.— I have been prevented from forwarding the exemplification before, as the Clerk of the Court in the other County sent the papers to me imperfect, altered one part of the proceedings and suppress^d another, which made it necessary to send again to Sunbury to get it properly done, and I have not got it done till to day, I hope however it will reach you within the time limited by Congress as I have given in Security for twenty thousand pound to prosecute it.— 

If my Conduct upon this business shall be justified by Congress, which I presume will be the case, I hope the extra cost and expences attending it will be paid by those who caused the extra trouble, and obstructed the regular proceedings in the first instance.— 

The question to be determined by Congress I apprehend is, if I shall be oblig'd to take a Vessel for the United States, which was bought by another person without my knowledge or concurrence, and with which I refused to have anything to do upon an application made to me by the purchaser for that purpose, and assigned reasons to him and the Marine Committee for such refusal, which I hope will prove satisfactory; others may now be offered, which is the impossibility of Manning the Vessel; before this can be effected her Bottom will be eat out by the Worms without great care, and the price of her a dead loss to the public if I had acquieced in the decision of the Court.— As nothing in this way had happened here before, and being desirous to do what was right, I wrote to Charles Town to be informed how the business of the Randolph⁷ Frigate's Prizes was conducted and resolved to observe the same Conduct my self as nearly as possible, which I suppose to have been proper. I am with great respect [&c.]