To His Excellency Patrick Tonyn Esqr Captain General Governor and Commander in Chief in and over the Province of East Florida Chancellor, Vice Admiral and Ordinary of the Same.

Sheweth.

That your Memorialists being good and faithfull Subjects of his sacred Majesty George the third, inclin'd to continue in peace and their Allegiance and resolv'd to oppose by every means in their power the Unnatural Rebellion now actually prevailing in the said provinces, were for such their Loyalty and Attachment oppress'd and harrass'd in various manners by the Rebellious Inhabitants of such provinces and oblig'd to fly from and abandon their Homes.

That having seen His Majesty's and your Excellency's Proclamation and Confiding in them they were induc'd to repair to this your Excellency's Government for Safety and protection, and many of them having left large properties behind them in the said provinces Consisting of Slaves, Goods, Merchandize and other Effects they flatter'd themselves that by your Excellency's Countenance and Assistance, they might have been able soon to have recovered some part thereof, and were resolv'd to attempt it tho' attended with a very considerable Degree of Danger and expence.

Your Memorialists are sorry to see such their Hopes intirely frustrated, for that those of His Majesty's Subjects who attempt to embrace the benefit of his royal Word, pledg'd in such Proclamations and have escaped at the risque of their lives with part of their Effects from the Hands of the Rebels, with the express Intent of furnishing His Majesty's Army and Fleet with Provisions meet with as little Clemency at the hands of the Officers of His Majesty's Navy as if found trading with or assisting the Rebels or were actually themselves in open Rebellion. By having their Property seiz'd and taken even in the Port of St Augustine under the Guns of His Majesty's Fort, and in sight of that very Standard to which they fled for Protection and shelter, such Officers pretending for their Justification that under the late general Act for restraining the Trade of the several Colonies therein particularly mention'd your Petitioners having once been Inhabitants of either of the said Colonies is without any other Circumstance a sufficient reason to Confiscate any property with which they may arrive in this Province together with the Vessel in which such property is imported tho' they well know that as all Communication by land is prevented by the arms of the Rebells, a Conveyance by Sea is the only one that can be made use of. And tho' they are well aware that such Construction militates against every end for which the Act was made, and are Assured the Spirit of the whole was never meant by the Legislature when they enacted it for shou'd such Construction prevail His Majesty's and your Excellency's Proclamations woud only serve as Decoys to lure your Memorialists to their certain Ruin Contrary to every principle of Honour and good Faith which never cou'd have been the Intent of their being issued: ー

Your Memorialists pray your Excellency's attention for a moment to the reasons which they think must evince that the before mention'd Construction Contended for by the Officers of His Majesty's Navy is entirely erroneous and such as was never meant shoud prevail. ー Your Excellency must conclude that at the time His Majesty's Ministers plann'd the General Restraining Act to remedy the particular Evil against which it is pointed they were fully possess'd of the whole matter were aware of the Effects it wou'd produce and wou'd not have suffered any Law Proclamation or Instruction to remain unnoticed that wou'd have obstructed or Clash'd with the full operation of the said Act. But that if any such actually existed they wou'd have repeal'd them by some Clause or Clauses in the said Law, such we see was their Conduct with respect to the Boston Port Bill, because it Militated in some Degree with the Restraining Bill; on what principle then Cou'd they suffer the King's proclamation to continue unmention'd and Transmitt Instructions Consonant thereto to your Excellency and other His Majesty's Governors, unless they consider'd the Act and Proclamation as perfectly Corresponding. ー Your Memorialists therefore humbly conceive and hope your Excellency will be with them in such their Conclusion, that the spirit of the Act and Proclamation perfectly agree, and that both were intended to punish Rebellious and not loyal Subjects, to protect and not ruin such as relying on the Royal Word, resort to your Excellency's Province.

We assure your Excellency there are many of His Majesty's Liege Subjects who are ready and only wait an Opportunity of withdrawing themselves and their Effects from the said Provinces respectively, that will be totally deterr'd from so doing should the present Practice and Construction prevail and who will be compell'd rather to submit to the certain Rigour of their Situation than venture to Incur total Ruin by endeavouring to embrace the promised Safety. Your Memorialists are fully sensible of the great Integrity of the Honourable Gentleman before whom any Seizure under the restraining Act must of Course Come, and rest assur'd his Decisions will be strictly just and equitable and given with that Liberality in favour of the Subject, that has ever been the practice of His Majesty's Justices in all Cases whatsoever on Penal Statutes. But shoud the Judge of the Admiralty Conceive himself tied up by any part of the restraining Act to consider as lawfull Prize the Ships and Cargoes of your Memorialists Circumstanced as aforesaid, your Memorialists are Assured you will see the necessity for and readily Use your Influence with His Majesty's Ministers to obtain a Repeal or Alteration of such Act so far as to Ensure Security to such of His Liege Subjects as may in future resort for Safety to this Province.

We Entertain an high Sense of your Excellency's Wisdom and Justice, and most gratefully acknowledge your Readiness upon every Occasion to give Us all the Assistance in your Power. ー

May it Therefore please your Excellency to take our Case fully into Consideration and grant your Memorialists such Relief as from Weighing the premises your Wisdom may Suggest, and their Case merit.

And as in Duty bound your Memorialists will ever pray &ca

[Endorsed] In Govr Tonyn's (No 16) of 20th June 1776