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damages were realy rece'd and did not arise from a wanton exertion of power, but from Circumstances that rendered the Prevention of them absolutely impossible, without endangering the well being of Some part of the army; amongst cases of this nature which will be exhibited the burning of fences, and losing or killing Horses & Oxen when Impressed for the use of the army, will be Some of the most Important. It is a matter likewise that ought to be fully & Clearly determined, whether old debts yet unsettled are to be paid by the nomenal Sum they appear to have been Contracted for, or if any allowance is to be made for the Depreciation of the money and what that allowance ought to be, as well as for fixing some mode for giving the Public Creditors notes upon Interest if money cannot be obtained for their Immediate Satisfaction. I have the Honor to be your Excelency's most obt. & very humble Serv't

His Excellencey Governor Clinton.

Udny Hay.

HIS APPOINTMENT AS DEPUTY COMMISSARY-GENERAL OF PURCHASES

OF NEW YORK.

Poughkeepsie 7 Sept'r 1780.

Sir, Having lately been appointed Dep'y Commissary Gen!, of purchases for this State, I beg leave to represent to your Excellency, the necessity of immediately adopting some mode for laying up within the State (exclusive of Quotas demanded by Congress), a magazine of flour for the use of the army of the United States, the necessity of which is strongly impressed on my mind by the late opportunity I have had of viewing the distresses of the army from a want of that and the other necessary articles of subsistance, and the immense expence that accrued from the method which was found necessary to be taken for

procuring them an immediate supply, owing totally to the want of proper magazines.

Fully sensible of the many disinterested and truly patriotic exertions of this State and the inhabitants thereof in almost numberless instances since the commencement of the present war, and of the many hardships they have laboured under in consequence of these exertions, and unwilling to propose any mode by which their real sufferings might be further increased, with all due submission, I beg leave to hint to your Excellency, that it might be proposed to Congress to lay up as soon as conveniently can be done (an assessment being made for the purpose and before the present embargo is taken off) forty thousand barrels of flour, to be paid for at the highest medium price given for that article within the States of Pensylvania, Jersey, Massachusetts, & Connecticut (allowing for transportation to the two latter) betwixt the day of delivery and the day of payment, and for enabling the State to pay for the same a sufficiency of that part of the new mony issued by the State, which becomes the property Congress should be retained and delivered to the purchasing officer for that purpose, Congress crediting the State for the amount thereof, and at the same time advancing a quantity of Salt for the use of the Inhabitants of this State at Boston, Philadelphia or some of the intervening Posts, with orders to distribute the same in as impartial and equitable a manner as possibly can be done, and charging for the same the then current price of that commodity in the Post where it shall be delivered, to be allowed in part payment of the flour, upon the delivery of the whole of which your Excellency to be authorized by the Legislature immediately to take off the embargo.

In my instructions as Deputy from the Comm'y Genl, I am ordered to allow the Purchasers one and a half per Cent upon all expenditures of mony passing thro their hands; this mode I know is not only obnoxious to the people at large, and, therefore, ought to be avoided, but may be attended with bad consequences; would, therefore, beg your Excellency to point out the propriety of the Legislature passing an act prohibiting every public Officer acting within this State from being paid a commission upon the expenditure of mony (unless authorized thereto by a special resolve of Congress subsequent to the Law), in which case as the board of war have fully approved of the mode I have adopted for the payment of the State officers, I should think myself Justifiable in following the same mode with respect to the purchases I might make on account of the public. I have the honor to be with the highest respect, your Excellency's, most Obed't and very H'ble Serv't

Udny Hay.

Governor Clinton.

TOUCHING HAY, CATTLE, IMPRESS WARRANTS AND SUPPLIES FOR OUR ALLIES.

Fiskill Sept'r 7, 1780.

Sir, In transacting the business of State Agent I have made some observations which I must take the liberty of requesting your Excellency to lay before the Legislature, not doubting but that Honorable body will make such amendments on the subject as by them shall be deem'd necessary.

By the supply bill it does not appear we have a right to refuse any cattle above two years old; and the inhabitants taking an undue advantage thereof, deliver scarce any but what are nearly of that age, which greatly reduces the quantity of beef the

Legislature expected the quota would produce; this I beg leave to suggest, might be remedyed by the assessors being empowered not only to affix the number of cattle each individual should furnish, but also to declare that each creature so furnished should not be less than a certain weight.

In the meantime, permit me to request your Excellency to grant an impress warrant for taking from each precinct which has been assessed such a number of fat cattle as will make up the deficiency betwixt what that precinct has furnished and what it would have furnished if each creature they delivered had weighed four hundred and fifty pounds.

Permit me likewise to observe that a great saving would arise to the State from each person who was assessed, being obliged by law to drive the Cattle he was assessed, at such time and to such place as the Purchaser should direct, not exceeding ten miles from his own house; nor would this law be attended with any great inconvenience to the inhabitants.

I am sorry being constrain'd to complain of the negligenceof some of the assessors and request your Excellency to order the Attorney Genl. to prosecute them; the letters I deliver, herewith, will put it in your power to determine how far my complaints and requests are Justifiable. Though I shall in all probability be able to procure a larger quantity of Hay than what is demanded as the quota of the State, yet the quantity I can purchase will be so very short of what will be wanted for the army within this State, that I must request your Excellency to lay before the Legislature the necessity of making an assesment of that article, in which I doubt not proper regard will be had to those who have already voluntarily parted with their quota of the assesment.

The enclosed letter* from Melancton Smith, Esqr., Asst. State Agent, contains observations I hope your Excellency will think worthy your attention and induce you to enforce on Congress the necessity of obtaining provisions for the army of our allies by some other mode than that they have already adopted, for, I have reason to believe, that the late great scarcity of beef with the army (a scarcity which is generally thought will be attended with a train of bad consequences) arises from persons in Massachusetts and Connecticut being authorized to purchase that article for the use of the French Troops with hard mony.

Your Excellency was pleased some time agoe to grant me a warrant on the treasury for five thousand pounds, of which not a single shilling either as yet has, or is for some time to come likely to be rec'd, the contingent expences which daily accrue are considerable, and tho' tho' hitherto through the diligence, zeal and activity of my assistants, the quota ordered nearly been furnished, yet without some speedy mode for obtaining a supply of cash we must undoubtedly fail, and hope, therefore, the Legislature will endeavor either to obtain a loan or take some other method by which a small supply of cash may be procured for me. I have the honor to be with the utmost respect you Excellency's, most Obed't & very H'ble Serv't

Governor Clinton.

[No. 3206.]

Udny Hay.

Even James Clinton is Forced to Complain of the Scarcity of Food. Head Quarters, Sept'r 8th 1780.

D'r Sir, Your favour of the 22d of August came to hand, which, as I have not commanded the Brigade since my last

Not found.

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