Whitehall 5th. June 1778.
[Extract] Sir,
. . . Some legal difficulties that I was not informed of I find were the occasion that the Lords of the Admiralty did not send you a Commission to grant Letters of Marque at the time I acquainted you it would be dispatched.1 Those difficulties I have the satisfaction to tell you are now so far obviated that you will receive herewith, the necessary Authority to grant Letters of Marque in all such cases as the Prohibitory Act will allow.2 These cases are ships in the service of Government, Ships licensed to bring Provision or Stores to the Fleet or Army, or for the supply of the Inhabitants, & Ships carrying out Prize Goods. Under that description only it is that any trading Ship can enter or clear at New York without incurring forfeiture, & therefore none else can possibly perform the requisites that entitle them to Letters of Marque; but of this you will be fully informed by the acts themselves, & the Instructions you will receive from the Lords of the Admiralty, I have therefore only to add my Wishes, that you may find the Authorities you are vested with sufficient for the purpose, & satisfactory to the loyal Inhabitants.3 I am &ca
Geo: Germain.
DfS, UkLPR, C.O. 5/1108, fols. 187–88. Addressed in left margin just below place-date line: “Governor Tryon.” Notation at top of letter: “(No. 14).” Docketed on separate sheet: “Drat./to Governor Tryon./(No 14.)/5th- June 1778../Encd.”
1. Germain had so informed Tryon in a letter of 10 January. UkLPR, C.O. 5/79, fols. 3–4.
2. On the Prohibitory Act, see Lord North’s Proposal of a Prohibitory Bill in the House of Commons, 20 Nov. 1775, and George Jackson to Sir James Douglas, 25 Dec. 1775, both in NDAR 2: 378–79 and 453–54. As seen there, it prohibited trade by Americans with any other nation and any American vessel involved in such trade was subject to seizure. The warrant from the Lords of the Admiralty to Tryon authorizing him to issue letters of marque and reprisal to vessels from New York to capture vessels owned by inhabitants of the rebellious colonies.
3. The combination of the Prohibitory Act and an embargo on exports from the port of New York instituted by Viscount Howe on 21 June prevented privateers from operating out of the city until October 1778.
