Sir

I beg you will acquaint their Lordships, that on Saturday the 24th instant, I receiv'd a letter inclosing two subpeana's for me to appear at the Court of Common Pleas by Attorney on Monday the 26th inst to shew cause why I seized a ship in North Carolina, and for damages the Master sustain'd on ac: count of said seizure;

The Circumstances were these; on the tenth of Feby 1776 the ship America came into the river of Cape Fear in North Carolina, where I lay with the Cruizer, I went on board to search her and found three puncheons of Rum (from the West Indies) without Certificate, upon which I detained her, taking the register, by which it appear'd Mr Gammel of Glasgow, and Mr Ritche of North Carolina where the owners, her Cargoe was 6000 bushells of salt, from the situation of affairs I could not try her, neither could I send her to any part not in Rebellion, having no men, or officers to spare;

In the May following, Governor Martin, of the said Province Appointed a Court of Admiralty by which Court the said ship America was condemn'd for a breach of an act of the sixteenth of George the third prohibiting any trade to the Colonies in Rebellion;² after which for want of men could not send the vessell away and she became leaky and when an order came to evacuate the port, I was under the necessity of burning her to prevent her falling into the hands of the Rebells;

it was so late on saturday when I reced the subpeana's that I could not apply to their Lordships, neither could I presume to detain the Lynx when ready, I therefore employ'd Mr Barclay Attorney, No I Garden Court, Temple to appear for me; I must therefore beg their Lordships will be pleas'd to order their Sollicitor to take up the matter, as ev'ry step I took was for his Majestys Service, and my being cast must be inevitable ruin to me in ev'ry line of life; I am Sir [&c.]