Number 25.
Sir,

Enclosed herewith you will receive the Copy of a Letter from Captain Elphinstone, in Answer to a Representation from the Master of the Dinah Victualling Transport, charging Captain Elphinstone with Inattention to the Ships under his Convoy, on his passage to this Port. A Copy of the Representation was transmitted with my Letter of the 23d of last October.

I have examined the Journal and Log-Book of the Perseus, and find that they correspond with the Relation given by Captain Eiphinstone of the Difficulties he had to keep the Convoy together: Owing to the repeated Disregard of his Instructions manifested by the Masters of the Transports, rather than to any unfavorable Circumstances of the Weather; Until their Approach to the Banks of Newfoundland.

I am credibly informed the Rebels have engaged to pay the Wages due to the Masters, Mates, and (in many cases) Crews of the Prizes they take, out of the Produce of the Capture. The Misbehavior of the Masters, and their habitual Disregard of the Regulations for their Government under Convoy, can scarce be accounted for on any other Principles. But from whatever Cause it proceeds, the Satisfaction to the Crown for the Loss of the Cargoes through the mis.conduct of the Masters, is, I presume, in no Degree adequate. The Charge of the Freight, Value of the Ship, and first Cost of the Stores, being in many Cases of less Consideration, than a Disappointment in the timely Delivery of the intended Supply.

I have a Proceeding to communicate for their Lordships Information respecting the Dinah, upon an Occasion which, as it is quite new to my Experience, may have been irregularly conducted with regard to the Concern I had in it.

That Transport having been taken, as stated in the Master's Representation before-mentioned was retaken on the passage to Boston by the Juno, and carried to Halifax: Where soon after her Arrival she was libelled, as I am advised, in the Admiralty Court; Salvage to the Captors awarded, and Part of the Cargoe sold to pay the Expences of the Proceeding.

The Cash remitted for my Proportion of the Salvage, has been delivered to the Agent Victualler, and placed to his Debit Account. The Ship being reladen with the Remainder of the Cargoe, was sent and safely conducted to this Port.

The Charter party purporting that the Value of Victualling Transports taken by the Enemy shall be paid to the Owners, in Case the Master and Crew have made the best Defence they were able to prevent the Capture thereof; And deeming it probable, as the Master was sometime since returned to England, that this Condition on the part of the Crown in the Instance of the Dinah may have been already complied with; I thought it more advisable to order a Sale of the Ship at this Port for the Benefit of the Crown, than to suffer a further Expence to be incurred in refitting, manning and otherwise preparing her for a Voyage to Europe. The several Particulars respecting this Transaction, have been communicated to the Commissioners in the Department to which it relates.

The Proof that is to ascertain the suitable Conduct of the Master and Crew of the Transport whereby the Owners are to become intitled to receive the Value of the Ship in Payment as aforesaid, is (by the Charter-party) conditioned to be made before a Court Martial. Upon knowledge of that Obligation on the part of the Master, I should naturally be induced to [direct such in]quiry in the like Cases, as with [illegible] ship of war under the same Circumstances. But I am not apprised by what Authority the Master, or any Mariner belonging to a Transport refusing to acknowledge the Jurisdiction, could be compelled to appear before the Court; Or, so appearing, to give Evidence on Oath for the Information of the Court I must therefore request to be suitably instructed, if any Proceeding is required to be had here on that Foundation.

The Dutch Transport Addellgunte Loewise having sprung a dangerous Leak on her passage from Europe, it was thought necessary that her Bottom should be examined. She was hove down in consequence. But not being ready to sail with the other foreign Transports under the Care of the Active and Fowey, she remained here waiting for a second Opportunity. The Captain of the Lark, then under Orders for Halifax, was directed to see this Transport in Safety clear of the Nantucket Shoals; Off of which the Mermaid was then stationed. And they sailed the 12th of December.

I have just learnt from some of the Crew of the Transport lately released, that the Lark parted from her the 14th of the same Month; And that on the next Day, she was engaged and taken by two Armed Vessels fitted by [illegible] English Officer who [illegible] to rec[illegible] this Transport [illegible] I shall be able to collect more Particulars respecting this Capture.

By the Terms of the Charter-party for these foreign Transports, the Master engaged "to deliver his Ship light, staunch, and well found." An equitable Adjustment of the Damage is agreed, "In case of Disputes, Disobedience, or Neglect of Time." The Master also binds himself, "By Order of the Commanding Officer to sail, proceed &ca, as he shall be directed and convoyed.'; But I do not see that any adequate Provision is made for the Contingency, in Case the Ship proves not to be in Condition to sail, proceed &ca when so required; thro' any Failure in the part of the Contract which respects the State and Sufficiency of the Ship, in the Course of the proposed Service. Their Lordships, I trust, will pardon the Liberty I take to submit my Doubts on these points, in Consideration of the Motives that induce me to trouble them therewith.

The Station near to which the Dutch Transport appears to have been taken, reminds me to mention my Disappointment concerning the Mermaid. The Term of that Ship's Cruize expired about the Middle of last Month. She sailed for her Station the 8th of December; And I had a Letter from Captain [James] Hawker dated at Sea the 13th of the same Month. But not having had Intelligence of him since that time, I conclude that by some Accident to his Masts in bad Weather, he has been forced off the Coast, and has proceeded for Repair of the Damage to the West Indies.

I am, with great Consideration, Sir, [&c.]

[Endorsed] R 8 May (2 Inclosures)