Gentlemen We being the sole owners of the Ship Buelah from London do propose (with your approbation) that the Ship be regularly entered at the Custom House, In which case we pledge to you, our word and honour that no part of the Goods shall be Landed in this Province but the same shall be forthwith reshipped and sent off in some other Bottom. If it shall be thought more satisfac tory we consent that any Number of your Body be on Board the Ship while here to see that the above engagement is strictly observed This proposition we think must appear reasonable as being not inconsistent with the Resolution of the [Continental] Congress and therefore we are lead to hope it will meet not only with your approbation but that of the inhabitants of this City in general. The Congress having been silent as to what Bottom the Goods shall be returned in probably meant to expose the Owners of the Ship and Cargo to as little Inconvenience as possible by leaving that Matter to their Discretion which from the Terms in which their Resolve is Expressed seems evidently to be the Case their Words are ー ["] If any Goods Wares or Merchandizes shall be Imported after the first Day of February the same ought forthwith to be sent back again without breaking ahy of the Packages thereof["] ー This we conceive manifestly declares that the Goods (which are the object of this Resolve) are to be Imported after the first Day of February but as there cannot be a legal Importation without an Entry at the Custom House it follows that such Entry is presupposed and implied in their Resolutions and the more especially as they direct that the Packages shall be sent back unopened for as opening the Packages without an Entry would make the Ship Liable to a Seizure. The Congress could hardly have thought such rash conduct in the Owners to be probable and therefore from this prohibitory Clause they must have considered the Goods as in a Scituation in which the Packages might be Lawfully opened which plainly includes the Idea of a previous entry at the Custom House ー By permitting therefore such Entry under the Guards proposed We think that not only the Letter but the Spirit and Intention of the Resolutions of the Congress will be fully compli'd with.
It has and probably may again be insisted on against this Construction of the Resolve that the first Article of the Association prohibits the Importation of goods from Great Britain &c. after the first Day of December and therefore that it must be absurd to suppose that the Congress could intend an Importation after the first day of February in the sense we contend for as it would imply a Contradiction ー Whatever force there may appear to be in this Argument at first View it is entirely taken off by the Explanatory Clause in the Tenth Article which declares that in Case any Merchant Trader or other Persons shall Import Goods after the 1st Day of December and before the first Day of February the same ought forthwith at the Election of the Owners to be either Reshipped or delivered up to the Committee of the County &c. That an Importation in the proper and Legal Sense of the Word is here meant cannot admit of a Doubt since neither of the Alternatives imposed on the Owner of Reshipping or delivering the Goods to the Committee can possibly take place without an actual unloading of the Cargo for which purpose an Entry was absolutely necessary and therefore must have been intended by the Congress As to the objection that proper Evidences cannot be given to the Neighbouring Colonies that the Goods are sent back unless they go in the same Bottom We think it must be effectually removed by having the matter Transacted under the Inspection of some of the Committee in the way we propose. Besides we cannot help observing that the Grand Object of the Congress seems to have been the sending the Goods back and as it must be immaterial in what Vessel they are carried this may well account for their Leaving that Circumstance to the Discretion of the owner ー And as we are disposed to comply not only with the Express Words of the Congress but likewise with the very Spirit thereof ー We shall therefore think ourselves ill used if we are obliged to carry the goods back in the same Bottom which will be laying a very heavy Burthen on that we and many more believe was not intended by the Congress. We have no objection to your publishing this Letter as we are free the Public should have an opportunity of Judging thereof ー We may further inform you that the proprietors of the Goods are quite free that they be Reshipped in the manner here proposed.
Murray, Sansom & Co. Wm M. Bussell
[New York] Febry 20th 1775
1. Calendar of Historical Manuscripts Relating to the War of the Revolution in the Office of the Secretary of State, Albany, N.Y. (Albany, 1868), I; 95, 96. Hereafter cited as Calendar of Historical Manuscripts, N.Y.