To the Honble the Continental Congress now Sitting at Philadelphia
The Memorial of Robert Murray and John Murray of the City of New York Merchants Humbly Sheweth
That the Memorialists being owners of the Ship Dutchess of Gordon and expecting She would be in London by the time their orders could arrive there did, on the 7th of September last by a letter to Philip Sansom direct him to put certain Articles on Board the said Ship on account of the Memorialists together with what Freight he could procure for her, and to dispatch her immediately for New York, as may appear by an Extract of the Letter hereunto annexed marked No 1.
That the Memorialists so far from Entertaining any Design to Counteract the measures recommended by the late Continental Congress did as soon as they were informed thereof, Countermand the abovementioned order except as to such goods, as might in Consequence thereof have actually become the property of the Memorialists and their Partner the said Philip Sansom for the truth of which they beg leave to Refer to the annexed Extract of a letter to the said Philip Sansom Dated the 5th of October 1774 mark'd No 2.
That in pursuance of the above Directions there were Shipped on Board the Buelah (a Vessel belonging to Memorialists) at London Sundry Goods on account of the Memorialists and their Partner with which Goods the said vessel Sail'd for New York on the 5th or 6th Day of December last and arrived there the 16th or 17th Day of February following.
That on the arrival of the said Vessel and Cargo which happened after the time limited by the Congress for the continuance of our Importation, the Memorialists having no Intention to Land their goods contrary to the Terms of the [Continental] Association would have cheerfully submitted to what they conceived to be the Spirit and Design thereof and were therefore willing and did offer to unload their Cargo and Ship it in another Bottom under the Inspection of some of the Committee here and to send it to some place not within the Restriction imposed by the Congress and the Memorialists beg Leave to Refer to the annexed Copy of their Letter sent to the Committee upon this Subject marked No 3 containing more at large their proposal and the Reasons on which it was founded.
The Memorialists beg leave further to observe that they did really believe their Constructicn of this part of the Association was consistent with the Spirit and Design thereof and had the Committee here been of that opinion such a Mode of Compliance would have greatly alleviated the Loss of the Memorialists as they might in that Case have Shipped their Cargo away in a small vessel instead of sending it in a vessel not above ⅓ full.
That reduced as they thought to an unnecessary hardship & chagrined with the Disappointment The Memorialists rashly formed the Design of Secretly Landing some small part of the Cargo and were so imprudent as to carry the same into Execution. That before a discovery was made thereof and at a time when the Memorialists had great reasons to suppose the place where the Goods were deposited would not be discovered to wit the 13th March last they made a Declaration of the Fact and offered to give the Committee a full account of the particulars on Oath which they accordingly did on the 15th of the same Month, when all the Goods Landed had been delivered up to the Committee of Elizabeth Town and the Disposition thereof submitted entirely to the Directions of the committee at New York all which particulars will more fully appear from [John] Holt's New York Journal of the 23d March hereunto also annexed to which the Memorialists refer.
The Memorialists having proceeded thus far and manifested their Intention to satisfie the public in any reasonable way that could be expected as well as to Express their Contrition for the hasty and imprudent measure they had taken, and to prevent their future Commercial Intercourse with others from becoming the means of other Infractions of the Association. The Memorialists did Shut up their Store, discontinue all Trade, Shut up their own Goods under the Seals of certain Persons here Transferred their Commission Business to others and gave up their Wharfs as free for the use of the Navigation of the City untill, they should be relieved in the premises by the Interposition of the Congress, as Vouchers of these Facts the Memorialists refer to the annexed printed publications marked No 5 & No 6.
The foregoing is a true State of the Facts relative to this unhappy affair in which the Memorialists are involved and as their Commercial Concerns were large and extensive at least amounting to £50,000 per annum this total dereliction of Business has become an immense Loss to them and if unrelieved cannot but terminate in their Ruin. That Mr Philip Sansom their Partner who has been distinguished for his warm attachment to American Liberty tho not concern'd in the indiscreet Step taken by the Memorialists is yet involved in all its fatal Consequences That besids the weight of Distress and Sufferings to which the Memorialists themselves have been exposed not only from their great Loss but the Resentment of an incensed People their present Scituation must be attended with a train of Evils to the Innocent who are connected with them in Business. Their Creditors must suffer Those who depend on their large Commercial Business for Bread are turned out of Employ and the Public deprived of the advantages which necessarily flow from a continuance of their Trade and Commerce. That the Memorialists presume the American Congress from the great and important ends of their Convention will move only on Public principles and therefore think it improper to address their tender and benevolent feelings not doubting but every generous and humane sentiment towards the Memorialists which is consistent with the public good will have their due influence in a determination of this Subject in which the Memorialists are so deeply interested. Permit them then to hope that this August and respectable Body, from a consieration of the Conduct of the Memorialists in this affair from their most earnest endeavours to atone in some measure for their indiscretion from the great and Complicated Distress they have already sustained, from the Circumstance that the Innocent are deeply involved in their sufferings, and that a continuation of their sufferings can only perpetuate their Calamities without advancing the important Ends of public Safety, will in their Wisdom reinstate the Memorialists in their Scituation with respect to their Commercial Priviledges.
Robert Murray
John Murray.
[New York, May 14, 1775]2