County, & for whom I am still desirous to have them sent by the first convenient oppertunity, are Thomas Baker for 1st Lieut;, Henry Henderson for 2d Lieut; & William Shattuck for Ensign, all of Capt'n James Pannel's Company. I have the Honor to be with the highest Respect your Excellency's most Obed't humble Servant His Exc'y Governor Clinton. Eleaz'r Paterson. [No. 3086.] Colonel Hay's Observations on the Supply Bill. Poughkeepsie 20 July 1780. Sir, I have the honour to enclose your Excellency some observations I have made on the supply bill, and some queries very necessary to be answered as soon as conveniently can be done, as much must depend upon the method and regularity upon which this business is commenced. I have taken the liberty of troubling you upon this occasion, but am in hopes when once properly fixed, your Excellency will receive very few applications from me except in such cases as the law has plainly pointed out you should be applyd to on. I am, w'h the greatest respect, your Excellency's most obedient and very humble ser't Udny Hay. Governour Clinton. OBSERVATIONS ON THE SUPPLY BILL. A Barrel of Flour being an indefinite Term, what is the Quantity it ought to be supposed to Contain? And are those who furnish Wheat in lieu of Flour, to furnish Barrels containing the Flour made from such Wheat? Or is that to be a State Expence? 2d. Though the act at first sight appears sufficiently severe against any defaulter who after being assessed shall refuse or neglect to deliver the articles so assessed, yet as the penalty depends totally upon the possibility of finding out the article assessed, it is very easy for the designing or disaffected to provide against that, by sending the whole of the articles they are assessed into some other Persons Barn, where it will be Impossible to prove it to be their property, I conceive therefore a certain stipulated penalty (at least double or triple the value of the articles assessed and not furnished) should have been imposed upon each defaulter, which would certainly have prevented them from taking shelter in a way the Law did not design, though, they under its present form may undoubtedly avail themselves of. 3d. It appears at least possible that Frauds may be committed very Dangerous both to the agent & the State, from the mode the Law prescribes for his giving Certificates, as he must deliver them signed to his assistants without being filled up, and of Consequence can Charge them with no stipulated Value, should, therefore, (without supposing that any assistant should make a bad use of them) any of these Certificates be lost, they may be filled up by any Person whatever, and being signed by the agent, must undoubtedly be Rec'd by the Collectors of the Taxes, and the agent consequently become accountable for the value expressed in each of them; this I think might have been fully prevented by ordering the assistants' names to whom each Certificate should be delivered to have been inserted in the body thereof, and that it should not be receivable in payment of Taxes 'till the assistant whose name was so inserted had Countersigned the same Immediately under the agent's Name. 4th. The Law positively & in the most confined Sense, declares the agent must be accountable for the expenditure of all monies put into the Hands of his assistants: No Man in his Senses could be supposed to accept the agency on these Terms, but from the fullest conviction of the generosity of the Legislature, and from an expectation that the mildest construction would be put upon the words of the Law, as long as it appeared that no man was appointed as an assistant but such as by their general Character and Conduct merited the public confidence at the time of their appointment. 5th. The Treasurer being only authorised to issue upon the Governor's Warrant in favor of the agent bills of the new Emission, how are the contingent Expences which must arise in the transaction of the Business to be paid? 6th. The agent is ordered every six Months to account with the auditor for all Monies rec'd; this will be found absolutely Impossible (in a strict Sense of the words) while he continues to carry on the Business, as his accounts can never be fully closed at any one Period 'till the whole Quota is supplied, and a sufficient time allowed after that for the assistants bringing in their accounts, and for the agent to examine and digest them properly afterwards. If at the end of every nine Months he can regularly account for the Monies he has Rec'd for the six first Months of that time, it will probably be doing as much as he possibly can. 7th. I imagine the Hides will in no Case be the property of the State, except where the Beef they are to furnish is to be salted under the Inspection of the State Officers, as the mode of fixing the Weight of Beef which must be agreed upon, betwixt the agent & Commissary General or one of his Deputies or as sistants, will probably make the Hides Immediately the property of the Continent. And as one fifth part is always allowed for the Hides, Tallow &c. if the Cattle are accepted of as above, the Continent [complement] will fall short one fifth of the Quantity of Beef they have required; if on the other hand the Hides, Tallow &c. is to become the property of the State it will be obtained at a most immense price, as Persons must be affixed with each Commissary for receiving the same. 8th. Where wheat or short Forage, either from not being sufficient Weight, or being improperly cleaned, or Cattle assessed not being properly Fattened become unmerchantable;In what way is such Wheat, Forage and Cattle to be received? 9th. Where a Difficiency in the assessment may happen (as in some cases it undoubtedly will) and that Difficiency cannot be supplied at the fixed Price;-How is it to be made up,? and can any purchases of that article be made on acc't of the United States within the District where such Difficiency arises 'till the same is first made good? [No. 3087.] Draft of Warrant on Treasury in Favor of Colonel Hay. By his Excellency George Clinton Esqr. Governor of the State of New York, General & Commander & Chief of all the Militia & Admiral of the Navy of the same. To Gerardus Bancker, Esquire Treasurer of the State of New York Greeting; Pay unto Udney Hay, Esquire, Agent of this State to procure the Supplies on the Account and Credit of this State, for the use of the United States in pursuance of the Act entitled "an act to procure Supplies for the use of the Army & to prevent Monopoly of Cattle within this State & more effectually to prevent Supplies of Cattle to the Enemy" the sum of five thousand Pounds of the New Bills to be emitted in pursuance of the Act of Congress of the eighteenth Day of March last. And for so doing this shall be your Warrant. Given under my Hand & the Privy Seal of the said State at Pokeepsie the twentieth Day of July in the fifth year of the Independence of the said State and in the year of our Lord one thousand seven hundred & Eighty. [Endorsement on back] Warrants on the Treasury in favor of Colo. Hay. 1780. July 20- £5000. [No. 3088.] Apprehending Tories Who Had Started to Join the Enemy. A copy of a Letter from Capt. Brouwn Dorlach July the 14th 1780. S'r, This morning or yesterday William Heyntz is taken Prisoner with all his Famelly and his Efects & provision and horses, is Carried of by the Enemy. I have ordered Persuit and as we imagin they are gone down the Sisquehanna. So if you Possibly can make any men op to Persue. I think by what I can learn they are but a small party. From, Sir, your Friend and most Humbly Serv't Signed Methew Brown, Capt. To Coll. Vroman, at Schohary. A copy of a Letter. Schenectady, July 18th 1780. Sir, we have just now Rec'd information and from good authority that a party of Tories from the Helbergh, Neskitha and Beavordam, to the amount of near a hundred is set out to go and join the Enemy at Neagara, and that their is an Express along with them who is lately com from New York. They were to meet last Night at Captain Palls at the Beavor Dam and to proceed from thence to Unandilla; we will Emediatly order a party of men from here to go in pursute of them but being a prehensive that they may have got too much the start of us, we would Request, that on Recipt of this you will order out a party to indeavour to intersept them on their Rout. We Remain, Sir, your most Humbl. Serv'ts Signed Ab'm Wempel, Coll, Hugh Mitchell, Commessioner. To Coll Peter Vroman, Schohary. |