Sir

I am directed by his Excellency to acknowledge his receipt of yr Letter of the 26th Ulto advising of the Capture made of the Ship Nelly Frigate, & of the acquittal of the Brig Elizabeth on a Trial had the 22d. also of your appealing to Congress from that decision.ー

Removed at such a distance as his Excellency is, and Involved in a multiplicity of Important business, It is impossible for him to give directions about or to pay attention to the Continental Armed Vessels at the Eastward ー Therefore, at the same time that he doubts not but your conduct is right respecting this Appeal, he apprehends you should correspond with the Marine Committee appointed by Congress in all matters that may occur in your department, presuming that they were appointed & intended for that purpose. ー His Excellency can only repeat that he has already said, that the Laws prescribed by Congress, are the only Rules by which you can conduct yourself ー It is not his wish nor in his powere to give any orders or advice authorizing a deviation from them ー If in any instances hardships of a peculiar nature cast up ー Congress & Congress alone have it in their power to relieve, on proper representation being made.

The Estate of Colo. Lee, late of Marblehead, having lent the Continent some Guns to fit out their Armed Vessels, which are now wanted & applied for you will deliver Nathanl Tracy Esqr Eight that are at Portsmouth which were taken in some of the prizes ー Mr Tracy has a claim to Ten, which his Excellency would have replaced, If we have so many ー The reason of mentioning Eight, is, that he has no Account of your having more. I am &c