the Courts of Admiralty that now are or hereafter may be established, in any of these United States, 'in any Court authorized by his most Christian Majesty, or any other power in alliance with these United States, to take cognizance of captures and seizures made by the private armed vessels of these states, and to judicially hear and determine thereon.

Sixth. You shall send the master or pilot and one or more principal person of the company of every ship or vessel by you taken in such ship or vessel, as soon after the capture as may be, to be by the Judge or Judges of such Court as aforesaid examined upon oath, and make answer to such interrogatories as may be pronounced, touching the interest or property of the ship or vessel and her lading; and at the same time you shall deliver or cause to be delivered to the Judge or Judges, all passes, seabriefs, charter-parties, bills of lading, cockets, letters and other documents, and writings found on board, proving the said papers by the affidavit of yourself, or of some other person present at the capture, to be produced as they were received, without fraud, addition, subduction or embezzlement.

Seventh. You shall keep and preserve every ship or vessel and cargo by you taken, until they shall by sentence of a Court properly authorized, be adjudged lawful prize, or acquitted, not selling, spoiling, wasting or diminishing the same, or breaking the bulk thereof, nor suffering any such thing to be done.

Eighth. If you or any of your officers or crew, shall in cold blood, kill or maim, or by torture or otherwise cruelly, inhumanly and contrary to common usage, and the practice of civilized nations in war, treat any person or persons surprized in the ship or vessel you shall take, the offender shall be severely punished.

Ninth. You shall by all convenient opportunities, send to the Board of Admiralty, or Secretary of Marine, written accounts of the captures you shall make, with the numbers and names of the captives, and intelligence of what may occur, or be discovered, concerning the designs of the enemy, and the destinations, motions and operations of their fleets and armies.

Tenth. One third at least of your whole company shall be landsmen.

Eleventh. You shall not ransom or discharge any prisoners or captives; but you are to take the utmost care to bring them into port; and if from necessity, you shall be obliged to dismiss any prisoners at sea, you shall on your return from your cruize, make report thereof on oath to the Judge of the Admiralty of the state to which you belong; or in which you arrive, within twenty days after your arrival, with your reasons for such dismission; and you are to deliver at your expence, or at the expence of your owners, the prisoners you shall bring into port, to a commissary of prisoners nearest the place of their landing, or into the nearest county goal.

Twelfth. You shall observe all such further instructions as shall hereafter be given by the United States in Congress assembled, when you shall have notice thereof. Thirteenth. If you shall do any thing contrary to these instructions, or to others hereafter to be given, or willingly suffer such thing to be done, you shall not only forfeit your commission, and be liable to an action for breach of the condition of your bond, but be responsible to the party grieved, for damages sustained by such malversation.

Extract from the Minutes,

[No. 3622.]

Charles Thomson, Secretary.

General Heath Confiscates Provision from a Sloop Carrying a Flag to New York.

Westpoint, April 7, 1781.

Sir, This day the sloop Polly, Capt. Davis, came to anchor off this place. The Captain came on shore and presented me your Excellency's permission for the wives of Cadwallader Col

den, Esquire, and Mr. Eltinge, with their families and effects (except males capable of bearing arms, and provisions more than necessary to support them to the enemy's post) to go to New York. Upon the officer of police searching the vessel & examining the people, it appears that only Mr. Eltinge's family and effects were on board; among them a son of about 18 years of age, and among a great variety of other articles, the provisions born on the inclosed invoice. The quantity of provisions appearing much too large, and your Excellency having on a former occasion signified your pleasure, that the provisions over and above what appeared necessary to support the families on their way to the enemy, should be seized and put into the public stores and the state credited therewith, I ordered the several articles mentioned in the inclosed receipt to be taken from the vessel, and lodged in the hands of the magazine Commissary at this post. If your Excellency thinks proper, Colonel Hay, the state agent may charge the several articles of provisions to the public account. The barrel of bees-wax is stored, subject to your orders, as are the other articles, if you disapprove the above mode; respecting which I wish to know your pleasure. The young man I have sent back. I have the honor to be with the highest respect your Excellency's Most obedient servant W. Heath.

P. S. I have this day hinted to his Excellency General Washington, some secret intelligence which has been communicated to me, and in which, as the report says, your person, among others, is concerned. I am informed his Excellency apprised you of it. Perhaps there is nothing to fear, but it may be best to be on your guard. I am as before,

His Excellency Governor Clinton.

W. H.

Pokeepsie 10th April 1781.

D'r Sir, I am this Moment`favoured with your Letter of the 7th Instant. I recollect giving the Permission to Mrs. Colden & Mrs. Eltinge last Fall & on my Arrival from Albany I was informed that Mrs. Eltinge had obtained a Flagg from the Com'r in Chief to proceed to New York. I perfectly approve & am obliged by your sending back Mrs. Eltinge's son & divesting her of the articles of Provission which were not necessary for her Passage & to which she was by no means entitled to carry with her. I wish a rigid observance of this Rule on every similar Occassion. For the Provission, Colo. Hay will charge as proposed as soon as he is furnished with the Issuing Commissary's voucher for the Purpose. You will oblidge me by ordering the Wax on Board of Davis on his Return to this Place. I am with due Respect your most

[G. C.]

I have been apprized the Intelligence you mention & begg you will accept my Thanks for your attention.

[To General Heath.]

[No. 3623.]

The Governor Informs Representative L'Hommedieu that Governor Trumbull's Attention Has Been Directed to Connecticut Plunderers on Long Island.

Middletown April 10th 1781.

S'r, Mr. Hubbart returned home from this Place about the Time we left Albany; probably you may have seen or heard from him; by the Papers he left for me, I find something has been done. and 'tis probable considerable will be done in a short Time of which I shall give you the earliest notice. I am confined to my House, owing to a fall out of a Carriage; as soon as I am able

to travell, which I hope will be in a few Days, I shall pay particular attention to that Business; great delays have been made in Consequence of an Edict of the Governor & Council of this State, (while the assembly were sitting, without their knowledge & which gives great umbrage in many Parts of this State) giving permission & Commission to goe on Long Island and take any Brittish goods from the Inhabitants; by this means many good whigs there, who were under good Circumstances have lost their all, & this Plunder is carried on without regard to friend or foe, and numbers of the Inhabitants are suffering, who have never been, concerned in any Trade; a Considerable Quantity of Cloathing is brought of which was intended for a good Purpose. Some of the Inhabitants whose attachment to the Cause is notorious, have come of, claimed their goods, and are determined to know whether one state or the Governor of one state, has a Right to take the property of those Inhabitants of another State, who are so unfortunate as to be under the Power of the Enemy. I have thought whether it would not be expedient for you to remonstrate against this Conduct, to Governor Trumbull; possibly it might have some Effect towards those friendly Inhabitants recovering their goods. The Bearer, Mr. Wells, who is a Refugee from Long Island, can give you a full account of this new mode of Privateering. You will excuse this bad writing of mine, as I cannot sit up to write. I am, S'r, with the greatest respect & Esteem your Excellency's most obed't Serv't

His Excellency Governor Clinton.

Ezra L'Hommedieu.

April 16th 1781.

D'r S'r, I am fav'd with your Letter of the 10th, & have in consequence remonstrated to Gov'r Trumbull ag't the enormities

committed (by Parties from Connecticut) on our Friends in Suffolk County.

I have received a Letter from Judge Hobart, since my return. from Albany, in which he speaks of some small Success. I think the existence of our Troops depends much upon the measure &, therefore, hope no pains may be spared to execute it.

I wish to write you more fully, but as the Gent'n who conveys this Letter is waiting, I must postpone it, until Major Woolsey sets out which I expect will be in a few Days. Yrs. &c.

[G. C.]

[To Ezra L'Hommedieu.]

[No. 3624.]

The Governor Promises to Repay a Loan Raised for Major Davis. Fishkill, 10th April 1781.

Sir, I do myself the pleasure to forward to your Excellency

two Letters, one of which came to hand, by express, early this morn'g: also half a Bushel of wheat, or thereabouts, which Mr. Tlilinghast left with me yesterday for you, Sir.

Colonel Griffin has called on me for payment of the money which I borrowed of him, in your Excellency's name, for Major Davis. The Sum was twelve new Emission, and two thousand five hundred and twenty old Continental Dollars, equal, at that Time to three thousand old Dollars. I am, with every Sentiment of the highest Respect, your Excellency's very obedient Servant Jno. Keese.

His Excell'y Gov. Clinton.

Poughkeepsie April 10th 1781.

D'r Sir, I thank you for your attention in forward'g the Letters & wheat. I am unhappy that it is not in my Power at