Sir

I take the liberty of laying before you as president of the Committee of Commerce an affair in which the Interest of the United Sates are concernd, the matter in itself may be too inconsiderable to require the interposition of Congress, but in its consequences may deserve their notice.

In February last the Executive of this State¹ granted me two Armd Vessels a Brigantine and a Galley to carry prov^s. to the head of Elk,² and I chartered a Sloop of a M^r Holt to accompany them,³ the Galley carrying but 30 barrels was intended merely as a Convoy to the others, and in consequence of haveing a convoy I engag’d to Insure the Sloop up the Bay at a thousand pounds, they all left york together, but from the Villainy of the Skipper, a thick fog, or the Sloop springing a leak which is suggested, she separated from them at the mouth of the River, & went into a harbour in Mackjack Bay⁴ where she fell into the hands of the Enemy; and as it appears to me to have proceeded from the conduct of M^r Holts Skipper, I have refus’d to pay the Insurance, In June, M^r Holt & self were inform’d that the Sloop was recover’d from the Enemy, being carryed into Annamassick River⁵ on the Eastern shore of Maryland by a parcel of people who had determin’d to quit the Enemies Service, and she was taken possession of by Smith & John Horsey two of the Inhabitants of that Country, M^r Holt & self immediately employ’d a Captain John Gwin who knew the Vessel to go over and demand her, but the Horseys refus’d to deliver her, altho we authoris’d Cap^t Gwin to pay all charges & engag’d to pay any salvage that those who recover’d her might be entitled to receive, they inform’d Cap^t Gwin that they had libeld her in the Admiralty Court of Maryland, and that the Court had orderd her to be sold at vendue at the Town of Salsbury⁶ the 20^th last month, we again sent Captain Gwin over to repeat our demand of the Vessel, M^r Holt & self haveing agreed to submit the matter of insurance to arbitration, and in the interim each to endeavour to lighten the loss of doing what we could to recover the Vessel, and to take no advantage of each other from any step we might take, the expence of which to be equal betwixt us, to be settled ultimately according to Arbitration, I wrote letters to the Judge of the Admiralty stating our Claim, & gave Captain Gwin a thousand & Eighty pounds to purchase the Vessel directing him to get her as Cheap as he could, but to go as far as a thousand pounds, or further if he thought proper as we were Confident she would sell for fifteen hundred pounds here, he appeard at the Sale and again demanded the Vessel and made known our orders to him to Employ Councel to prosecute our Claim, and of our intention of Appealing to Congress, if the Court gave Judgment against us, however he again faild in his application, and a person who acted for the Martial who did not attend, put her up, and altho he had nothing else to do sold her in manner contain’d in Captain Gwins deposition Copy of which is here inclos’d,⁷ he then went with our letter to the Judge of the Admiralty at Baltimore, and apply’d to a Lawyer who requir’d thirty dollars for his advice in the first instance, which was paid him, and who demanded a hundred pounds for prosecuting our Claim, fifty of which to be paid first in hand, so that from the iniquitous Sale, and the exorbitant fees, if we gain the Cause & pay a moiety for Salvage it will bring us in debt for the Vessel sold only for five hundred some pounds Maryland money. In these infant States Sir if these exactions are allow’d to be practis’d with impunity & such impositions tollerated I forsee that the most alarming consequences will follow, What man of Sentiment or property will settle amongst us, when ruin is to attend an appeal to our Laws, laws that cannot fail to invite thousands to settle amongst us if they can receive the protection of them, upon reasonable terms, what man can be safe in his property, or even liberty, if such actings and doings as is set forth in these proceedings are not prevented, a man would rather submit to the hand of violence than to engage in ruin in seeking redress. exactions and abuses in our Jurisprudence have heretofore exacted great commotions & even blood shed in a neighbouring state, and may not the same causes produce the Effects, Government being in the hands of the people, abuses of this sort will not wait long for punishment, after the grand object is accomplish’d of our Independance, peoples minds are raisd with the happy Ideas that are the never failing effects of perfect liberty, and which will purge off all abuses, altho it may be attended at first w^th excessive commotions & difficulties, if not timeously prevented by the Wisdom of Congress.

The Liberty you gave me Sir to correspond with you has embolden’d me to express my Sentiments more freely than I should have done, under the Idea with which I set out, and also to request the favour of your advice, as well respecting the matter of insurance, as respecting the Sale of the vessel & other proceedings therein. I suppose if M^r Holt can prove that his Vessel sprung a leak & that she was obliged to leave the Convoy he will secure his Insurance, otherwise I imagine he will not, I send you depositions taken on the occasion.⁸ The iniquitous sale of the Vessel certainly cannot be valid, but I am really at a loss how to proceed.⁹

I have sent on the greatest part of the provisions haveing them first thoroughly overhald but I am much concerned to hear that they lie in enormous quantities at Elk expos’d to Sun rain & thieves, the consequences I fear will be injurious & may be imputed to me, but be assured Sir, that my fulest exertions have been us’d in haveing the business transacted in the most effectual & expeditious manner. what provisions are on hand will be immediately sent on, when I shall do myself the honour to wait on Congress to settle my acc^ts. & then Hope to have the pleasure of paying my personal respects to you, and am with much esteem {&c.