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Sir I was favoured with your Letter of the 20th of last Month ² in which You inform Me that there are now on board his Majesty's Ships under your Command near one hundred American Prisoners that have been taken onboard different armed cruising Vessels from America, and that you cannot keep such Prisoners longer on board the Kings Ships, and think it both improper and unsafe to give them Liberty to return back to America, and in which you also desire that I will communicate the same to the Members of his Majesty's Council of this Island in order to their procuring some place of Safety where the above Prisoners may be properly secured 'till you may receive Directions from Government concerning them; and that you will in the mean time direct them to be victualled at the Expence of Government; I am therefore, Sir, to inform You that on the 28th of last month I laid your Letter before the Council, and there arising at the Board some Doubts on the Construction of the late Act of Parliament prohibiting Trade and Commerce with the Rebellious Colonies in America, the Members thought proper before they came to any Resolution so as to enable Me to answer your Letter, to refer these Doubts to his Majesty's Attorney General for his Opinion thereon, which has prevented me from sending a more immediate Answer to your Letter. —

The Council met again this day and the Consideration of your requisition being resumed, the Board are unanimously of Opinion that there is not at present in this Island any Place, except the Common Jail where the Prisoners you have taken, can be kept in Safety, and that to confine such a Number of Men there, when the small Pox rages in the Town, a Disorder that most probably the greatest part of the Prisoners have never ever had, would be delivering them over to the Miseries of a Prison and Disease, and consequently to almost certain Death; at the same time the Inhabitants of St John, in such a Climate as this, in the Opinion of the Board, would run no small Risque of other Distempers from having the Jail, which is situated in the Midst of the Town, rendered so sickly, and infectious.-The Board, Sir, are sensible that other places may be thought of as proper for the Purpose, nor have the Members neglected to consider such other places, but when it is recollected how very small the Number is of His Majesty's Troops at present in this Island, and the impossibility of keeping in safety without their Assistance and strict Attention, such a Number of Prisoners rendered desperate perhaps by their peculiar situation, the Board imagines that they shall not stand single in their Opinion —

I must beg leave to add in Justice to the Members of the Council that it has been with much Concern they have found themselves unable to cooperate with You in relieving his Majesty's Ships from the Inconveniency they at present labour under, which cannot but be detrimental to his Majesty's Ser.vice. I have the Honor to be with Regard Sir[&c.]