[Portsmouth, September 28, 1776]
[Extract]
and his Mate Mr Hopley Yeaton were Americans, and high Liberty men, and the Ship Sailed from London, before the Ninth of September 1775 in the same Voyage ours did from the Continent yet the Jury, who are supposed, nearby connected, with the Owners, of the Privateer, contrary to the most upright charge given by the Judge, condemn'd her, not even allowing the adventure, or any thing else, this I and many others look upon as absolute Piracy, and hope a redress, [Tobias] Lear demanded an Appeal to Congress, but the Act of Massachusetts, would not allow it, therefore was Oblig'd to appeal to their Superiour Court, but hope the Congress, will support their Resolutions and grant an appeal to Congress, as this matter is between Colony and Colony, or rather the Subjects of State, with those of another, and therefore the appeal, should lay to Congress or some body ap- pointed by them, otherwise they will be Judges, in their own Cause. This is a matter I should be glad to know whether, an appeal does not lay to Congress, in all cases whatever, as to Marantime affairs. ー Your Friend [&c.]