Sir,ー

On a late Trial of a Brigantine named the Elizabeth, retaken from the Enemy on her passage to Halifax ー The Jury, were guilty of a Most flagrant error in their Verdict by acquiting the Vessel & Cargo, after I had supported the fact set forth in the Lible, (vizt) that she had been in Possesion of the Enemy more than Ninty six hours, wch will plainly appear by the Masters deposition, ー I cou'd not consistant with my Duty as Agent for the Continent, let the matter rest on this Verdict, Therefore have appeal'd to the Honble Continental Congress, and now forward you, the Papers of Appeal, not doubting a very different determination on the next hereof. ー The Claimants made an Offer to Compromise with the Captors of £ 1000. Stg about one third of their Just Quota, this was refused. Part of them then offer'd their full share, but considering, the injustice of the Verdict, I cou'd not Consent toe it for the Continent Claim, ー The bearer Como Manly was at the recapture, who can Inform you very particularly. ー I likewise forward you beside the papers from the Court Maritime, Capt. Ramseys desposition who, was Master of the Brigt when taken, & the Command given him by Admiral Shuldham ー also a deposition one of the Claimants desired my forwarding.²

In this recapture, there were, a Mr [William] Jackson a Mr [Edward] Keighley & a Mr [Richard] Newton, who claim their Good they had with them in this Vessel, undoubtedly those persons must be deem'd carrieg their Interest for the supply of the Army &c ー If it shou'd be thought necessary my attendancd at the Trial, shall be oblig'd you wou'd advise me, & the time appointed. also please to advise me your receipt of those Papers. ー Shou'd the Honble Continental Congress, Permit a Compromise with the Claimants, (except those that were in the Vessel wd presume to think they wont allow it with them) shall be further oblig'd by an early direction thereon. ー The Mode proposed, (if such a measure was permited) was to have the Goods Valued, by Three Gentlemen vers'd in Merchandize, & each Claimant to pay his Quota. I mention this for your full Information of what has been agitated since the Trial ー I would presume to recommend a decision as soon as may be, for the Interest of the concern'd, as the Good has been a long time in my Care, and I fear they may injure much by laying, as they are cheifly Woolens & Linnens, or rather a greater half of those Good. ー In my Estimation the Vessel & Cargo may Yeild £30,000 Lawfl. My at Public Sale. ー I am with due respect [&c.]

The Honble Charles Thomson Esq
Secretary to The Honble Continental Congress