John Rowe Esq^r.
Sir

It is now a Week since I received your favour of the 29^th. Sept^r. continued to the first Inst on the road from York Town to this place where my Family now reside—I then desired Mr. Coleman to continue his Journey to York & gave him back the Let­ters requesting he would deliver them to M^r. Hancock with my Comp^ts. & that I de­sired he would read them to Congress in order that they might be prepared against my return when I should bring this Matter before them in form as a piece of business, Accordingly I returned to York last Week but found Congress so closely pursuing busi­ness of lmportance that I did not think it right to interrupt it & as M^r. Coleman seems impatient at the Delay I have concluded to dispatch him with my own Sentiments rel­ative to the Portugueeze Snow¹ & trust to some other conveyance to hand you any de­terminations of Congress relative to that affair—I can not help thinking that Capt^n. Cunninghame's² conduct in seizing this Snow if she is really & truly Portugueeze prop­erty is extremely reprehensible for I do not believe that M^r. Braxton³ cou'd or wou'd give him orders to capture such property at a time when no Resolves of Congress au­thorized it but even if he has such orders those who gave them are much to blame & I do suppose the Transaction will appear in this light to all the World—However as the Vessell & Cargo are sent in I suppose there must be a Tryal in the Admiralty Court because the Crew of the Privateer wou'd not be content that the Owners shou'd dis­miss her without Trial neither have they a right or Authority to do so that I know off—I hope however for the sake of Justice & for the Honour of the United States of Amer­ica that a righteous Judgement may be pronounced on her, & that she will not be con­demned as prize unless upon the Trial Circumstances turn up to prove her Justly, fairly, & equitably within the True Intent & Meaning of those Laws of Congress which de­scribe what shall be deemed Lawfull Prize I should be truly sorry if any hard strained Constructions or political distinctions and considerations should procure a Con­demnation, & to prove to you Sir how much I am in earnest I do solemnly declare that I will not as a part Owner receive any part of or benefit from this Capture unless circumstances turn up to prove her what I have said above—I do notexpect this will be the case but suppose she will be acquitted & ordered to be restored the former Owners & I shall propose to Congress that they should interfere in this business & if that happens the Captⁿ of the Snow & some of his People being sent away she can not be restored to him & shou'd the Owners of the Phœnix be ordered to restore her they must run great risque in Attempting to do it for I apprehend if they should put an American Master onboard & send her to Fayall with proper Certificates from the Ad­miralty Court the Commanders of British Cruizers woud pay no regard to such pro­ceedings They woud consider her as a Prize under the Act of Parliament & as such woud proceed against & condemn her the Owners of the Phœnix would then be ex­posed to future Lawsuits & damages by the prosecution of the Portugueeze Owners—should the Owners of the Phœnix proceed to sell vessell & Cargo for Account of the former Owners where Shall the property center untill they can  remit it to Portugal? it must not be divided amongst them & with whom shall they trust it so that all may be satisfied—I know not—My design is therefore to propose that Congress shall order Vessell & Cargo to be sold & the ⅌ceeds to bevested in the Publick Funds bearing In­terest for the Benefit of the Proprietors that our Commissioners at the Court of France inform the Court of Portugal of this Transaction & grant Passports to the Own­ers of this Snow to send one or more Vessells to any Port or Ports in these United States with Publick Assurance that the N^t. ⅌ceeds will be immediately paid to them or their Att^y. or Agent & that leave will be granted to purchase therewith such produce of this Country as they chuse & leave to carry it away in their Vessells This will put it in the Owners power to make good Fortune out of bad they will have their prop­erty restored in a Way that will amply recompence any disappointments they have ex­perienced by the seizure of it & if the Court of Portugal procure Passports from Britain they will do this with perfect Security—This Idea I have communicated to some of my Colleagues in Congress & it meets the Approbation of all I have mentioned it to. under this Idea then I give you my opinion that the Vessell & Cargo shou'd be tryed in the Admiralty Court if she is there condemned I have nothing further to say (only to judge for myself hereafter whether she is a prize that I can with a safe conscience ben­efit from or not) but if she is Acquitted & ordered to be restored to the former Own­ ers, that you shoud then cause her to be taken good care of, either by Authority of the State, of the Court, or of your own Authority as Agent for the Owners which ever may be judged most proper let no Plunder or Embezzlement  take place but inform me instantly by Express or otherways of the Acquittal I will instantly bring the Mat­ter to a determination & transmit you back their resolutions with full Orders for what is then to be done—I have no opportunity of consulting M^r. Braxton or any other Owners of the Phœnix respecting this business therefore I do not presume to give any Directions for your proceedings in case of Condemnation my whole care is to guardthem from any Ill consequences that might arise to them from Injustice or Ill Management in case of Acquittal & to preserve to the former Owners their property with a Secure Mode of recovering it in all which I presume I shall have the Approbation of all good Men—I am expecting from you a Translation of the Papers found onboard the Snow & remain [&c.]

(Copy)