The Messrs. Van Schaacks, with Goes, Confined at Goshen, Make an Appeal to the Governor.

Goshen, December the 23d 1780.

Sir, Upon Mr. Smith's return to this place, Colo. Benson letter of the 18th instant was delivered to us. It is with the ut most surprise & concern we observe that we cannot be permited to be placed in a situation, for a few days only, to transact some. family matters of the utmost concern to us, as well as to others who stay behind us, and to take leave of those who are near & dear to us, especially our aged Parents, whose advanced years renders a meeting, at this distance impossible. The difficulties of the river, aded to the distance we are from home, may occasion great delay, & impediments in seing even our wives. In this delemma, when we compare & consider our usage to what others have met with, under similar circumstances & some who have not suffered any confinement at all, we conceive we shall stand justified to state transactions with respect to us, some of which perhaps have never been communicated and others probably thro' a multiplicity of business may have escaped your Excellency's memory, in hopes of some mitigation. For this purpose we beg leave, Sir, to trouble you with Copy of Mr. Pell's pass, and Extract of a letter we received from the Commissioners for Conspiracies & a Copy of their warrent of removal

in 1778. In consequence of these latter papers we were actually removed as far as the Highlands; after being stopt there, & returned to Albany, we critically enquired of the Commissioners whether they had notified your Excellency of their intention to remove us before we embarked; they assured us they had, and time enough that orders might have been given for our deten tion.

Now may it please your Excellency it appears to us to have been the intention of the Legislature that we should have been detained for exchange before we were removed at all, for the act says, if we mistake not, that Previous to our removal, you was to be notified of the intention of the Commissioners. If your Excellency should conceive that the proceedings in any degree have been rather hard, or a severe act in itself, we are inclined to hope something will be granted us in mitigation of your last determination, especially as we are the only three persons, who have been so severely prosecuted on the act; we would beg leave to observe that we came under no part of the odious description of the act, while those, of more consequence in every respect, who did, were permited to go down without the fetters of an Exchange with all their effects. Those who were kept in confinement for exchange, in the County they be long to, after effecting it were permitted to return home to settle their affairs & take away their Furniture &ca.

You will please, Sir, to see that Mr. Pell will allow us to carry nothing with us but our wearing apparel & he writes Colo. Nicols, that our families, if they want to come to us, must apply to the Justices of the District for leave. It appears to us that Mr. Pell, by the kind of language must have had an Eye to the act for removing the families of those who had voluntarily

joined the British army. For I cannot suppose that your Excellency would, after all our sufferings, authorize Mr. Pell or any one else, to deprive us of such property as the Commissioners adjudged to belong to us two years ago, the more so as no one in the Predicament with us, has ever been hindered to take their baggage, Furniture and a reasonable quantity of Provissions. When your Excellency reconsiders our situation, we cannot but flatter ourselves with hopes, that we shall have leave, for a limited time, to go home, as others before have been permited. Should this be denied, we beseech you for leave to remain a reasonable number of days on the other side of the river, as contiguous as possible to our own District. Should we be so unhappy as not to obtain the favor, we entreat we may be allowed to remain a few days in Goal at Albany, that we may be enabled to finish some of our most important concerns in which some persons must participate who cannot come down here. If we can be indulged in either of those requests. your Excellency can have any security you may please to demand that no injury shall arise to the public from the indulgence. We have the Honor to be, Sir, your Excellency's Most Obedient and most humble Servants.

H. V. Schaack,

Mathew Goes, Jur.,

David V. Schaack.

His Excellency Governor Clinton.

[No. 3451.]

Auditors of Accounts of the Troops Ordered to Begin Business. Dec'r 23d, 1780.

Gent'l, It is long since your Commission & a Copy of the act for settling the acc'ts of the Troops was transmitted you. The

Officers & Privates are grown very impatient at your Delay in the Business especially those of them who in consequence of the late arrangem't are to quit the Service. They will soon become so dispersed as to render it exceed'gly inconvenient both for you & them to settle their acc'ts. His Excellency, the Gov'r, therefore, desires that you will as soon as possible repair to our line of the army & enter upon the Business, that the Clamours which begin to take Place & the Discouragem't which will be given to the recruit'g Service may be prevented. I am &c.

R. Benson. John Haring, Joseph Gasherie, Thomas Moffat, Esqrs, Auditors &c. &c.

[No. 3452.]

Major Keese Faithfully Follows the Governor's Directions and Raises Funds and Transportation.

Fish Kill, 25 December 1780.

Sir, I had the Honor to receive your favor of the 22d inst. by Major Davis, and have the pleasure to tell you, that I borrowed of Col'l Jacob Griffin three thousand Dollars continental Currency which I delivered to the Major. I also furnish'd him with a Horse.

I obtain❜d the Cash on your Credit, Sir; I could not have got it on any other consideration that I know of.

I furnish'd Captain Pell and Lieut't Wiezenfelts with a Horse each; they left this place with Major Davis yesterday. I have the Honor to be, with every Sentiment of the highest Respect, your Excellency's most obedient Servant in behalf of Hugh Hughes D. Q. Me. &c.

His Excellency Governor Clinton.

Jno. Keese.

[No. 3453.]

Colonel Thomas Explains why a Court Martial has not been Ordered for Sylvanus Hughson.

North Castle Decemb'r 25th 1780.

S'r, Your Excellency's order bearing date the 19th of this present Instant requiring me to furnish Members to attend a Genl. Court Martial in the County of Westchester for the Trial of Sylvanus Hughson charged with being a Spy from the Enemy, never came to hand untill I had arrested Colo. Samuel Drake, who was appointed President to the said Court; have ever afforded the earliest attention and strictest Compliance to your Excellency's Orders, but being under the dissagreeable Necessity of acting as before related on this occasion, was oblig'd to omit the affair untill I could lay the Circumstances before your Excellency or receive fresh orders in the Cause; I arrested Colo. Drake for Disobedience of Orders at several Times; & refusing to turn out his Quota of Men when I sent him Orders in Consequence of Directions I rec'd from your Excellency; beg that your Excellency will order a Court Martial for this Trial & could wish it might be in the County of Westchester if your Excellency may think it expedient; as the principal Part of the Evidences live there. I am, with Esteem, your Excellency's most obt. & very humble Serv't

His Excellency Gov'r Clinton.

Thos. Thomas.

[No. 3454.]

Colonel Hathorn and the Proposition of Raising Troops for the War. Warwick, 25th December 1780.

Sir, This day I am informed the Regiments of Dutchess County are raising the Men required by the act for filling the Continental Battalions of this State during the War. I have seen the Law and Warrant to the Clerk of the Supervisors