will appeal to the Court of Appeals, & try the validity of the Commission of the Governor & Council of this State. One of the owners (Mr. David Gardner) desires me to mention to you, that he expects soon to wait on your Excellency for Permission to bring of his Family in order to remove into the state; as he is a friendly Person I conclude there will be no objection in granting him his request.

I conclude you have received the monies from Mr. Hobert which I am informed was about 700-(?) I should be glad he would send me an acc't of the sums and the Persons from whom received as I understand some if not all of them expect to receive my obligations for the same.

I have not yet recovered from my lameness occationed by a fall from a Carriage, tho' I am much better than I have been. Mrs. L'Hommedieu returns her Compliments to Governor Clinton and is not a little alarmed at his mentioning Mr. L'Hommedieu's little ones, as she has had heretofore no suspicions of his having any abroad. I am, s'r, with sentiments of Esteem & respect your Excellency most Hum. Ser't Ezra L'Hommedieu.

His Excellency Governor Clinton.

[No. 3679.]

A Land Transaction Between the Governor and Gerard Bancker.

Albany, 2d May 1781.

Sir, The time for settling the Business with Philip Rensselaer being just expired, and the other persons concerned therein being unprepared to do their parts, there was a necessity (in order to avoid the penalty,) for Mr. Rensselaer & me to compleat the Business without the assistance of the others, I

have, therefore, given him the necessary certificate in your behalf that the writings may be compleated, which I hope will meet with your approbation. I am still willing to bear such a proportion as your Excellency chooses, therein or none at all, just as you like. I am respectfully, Sir, Your most Humble Serv't

[To G. C.]

Gerard Bancker.

Pokeepsie 18th May 1781.

D'r Sir, I am favoured with yours of the 2d Instant & am much oblidged to you for your attention to my Business. It is perfectly agreable to me that you shoud have Part of the Land & I leave it to yourself to determine whether a Third or half. I am with great Regard your most Obed't Serv't

[To Gerard Bancker.]

[No. 3680.]

[G. C.]

Preparations Made to Capture Certain Persons on their Way to New York.

Pokeepsie 2d May 1781.

Dear Sir, The Bearer, Mr. John Elsworth, informs me that last Night he happened to fall in with a certain Owen Burnes, between Goshen & New Burgh, who discovered his Intentions of going to New York & that the Persons whose Names you have below with several others had agreed to go with him. Mr. Elsworth secured Burnes at New Burgh & came on here to give me this Information. You will see the necessity of apprehending the other Persons concerned before they are apprized of the Fate of Burnes. I have, therefore, engaged Mr. Elsworth to return immediately to secure Burnes effectually & examine

Burnes more particularly respecting the others concerned with him, so as to ascertain their guilt & Places of Residence &c. And I must take the Liberty of requesting, that you will immediately take measures for apprehending securing & sending them to this Place, as calling out the Militia for this Purpose will not be attend with sufficient secrecy or Dispatch; his Excellency on application I am perswaded will give you a small party for the Purpose. I am &c.

Major Logan.

Owen Burne-taken by Elsworth

G: C:

John McGowen, Robt. Yeomans, David Glen, Lidias Cole, Henry Broen, Wm. Burns, Charles Burns.

[No. 3681.]

Thomas Shoemaker, of German Flats, Petitions to Have His Wife and Children, Prisoners with the Enemy, Exchanged.

The Humble Petition of Thomas Shoemaker one of the Inhabitants of the German Flatts Humbly Sheweth,

That your Petitioner since the present hostilities have commenced against Great Britan; have been reduced to a very low State, by being driven from his Habitation, with the loss of almost all his cattle. That on the Fifth of August last, his Wife and two children was made Prisoners by the Savage Enemy; which has left him in a Deplorable Situation with three children. Your Petitioner humbly begs your Excellency would please to point out to him some means by which he may have his Wife and Children restored to him again; as the dificulty attending him with three small Children left without a Mother, makes the situation of your Petitioner truly Miserable and if there is any way or means to have them restored again through your Excellency to your Petitioner. Your Petitioner as in Duty bound, will ever Pray

German Flatts May 2d 1781.

Thomas Shoemaker.

[No. 3682.]

Adjusting the Bounties for Colbrath and Norton's Levies-The Governor's Precautions.

Albany, May 2d 1781.

D'r Col: Mr. Colbreath is pressing me to settle with him the Bounty of 50 Dollars each for 9 Levies he recruited, and asserts

that the certificate and other vouchers to entitle him to the money, were left by him at your office; as the men to whom the money remains due, are clamourus, I wish to have the matter finished, but cannot do it till I have the vouchers; will you be so good as to send them up to me, as soon as you can, and if you have the vouchers of Capt. Norton, of Wisenfelts' Regiment, and will send them up with the Governor's Receipt on them for the money he paid Norton, I will repay the Governor the sum he paid, or give him Credit for it; the 3000 Dollars I formerly paid Capt. Colbreath I mean on a settlement with him to deduct, and then I shall not charge the Governor for it.

You never sent me the little Extract of a Law from Mr. Harpur, nor the Buttons. I am, yours &c.

To Col. Benson.

G. Bancker.

Extract from Robt. Benson's Letter of the 18th May 1781 to Mr. Treasurer Bancker vizt.:

"By his Excellency's Orders & agreable to your Request, I transmit you enclosed Returns certified by the command'g officers of the 3d, 4th & 5th New York Cont'l Battalions, of the Recruits enlisted in those Regts. resectively by Capt. Norton & Lieuts. Colbreath & Connoly, to serve during the war which will serve as vouchers for the payment of the Bounty. I also enclose you Capt. Norton's Receipt for 455 Dollars paid to him, by the Gov'r, towards the Bounty of the Recruits enlisted by him together with his Receipt to you for 2000 Dollars & Lieut. Colbreath's Receipts for 3000 Dollars. These last two Sums you will remember were advanced by the Gov'rs Orders & upon your producing him the Receipts now transmitted, he gave you

a Receipt for fifty Pounds & Emiss'n equal to the last above two Sums on acc't of his salary, so that he must be repaid or creditted as well for these two Sums as for the 455 Dollars. The Gov'r observes by your Letter that Colbreath demands Bounty for nine men, whereas only seven are entitled to it, two having deserted & as such are marked on the Return. The Gov'r is not certain whether he did not make Colbreath some other advances &, therefore, wishes you to procure from him an acc't stated; as he took back that delivered in last winter. Colbreath's acc't of expences in recruiting is also enclosed. Norton's is not yet come to hand. As the enclosed Papers are the originals & the only vouchers his Excellency is possessed of respect'g this Business, he requests that you will make such entries & manage the matter so as that in case of accident he may not be put to any difficulty."

[No. 3683.]

General Scott Informed by the Governor that New York is Practically Unrepresented in Congress.

Pokeepsie, 3d May 1781.

Sir, I have the Honor of inclosing you a Copy of a Letter I received yesterday from the President of Congress, by which you will be informed that at a Time when important & interesting Business requires a full Representation from all the States, this state is unrepresented, one Member only attending. I have made similar Transmitions to all the absent Members, and earnestly pressed their Immediate attendance; but I conceive it my Duty to mention that as Mr. Floyd has but lately returned from Congress; Mr. L'Homedieu is much Hurt by an accident