and the Executive are accordingly engaged in concerting proper measures of defence. Among others we think to call an immediate force from the militia to defend the post at York, and to take a proper post on the South side of James river, but the expence, the difficulties which attend a general call of the militia into the field, the disgust it gives them more especially when they find no enemy in place, and the extreme rigor of the season, induce us to refer to the dicision of the general assembly, whether we shall on the intelligence already received & now communicated to them, call a competent force of militia to oppose the numbers of the enemy spoken of; or whether we shall make ready all orders & prepare other circumstances, but omit actually issuing these orders till the enemy appear or we have further proof of their intentions? The assembly will also please to determine whether, in case the enemy should make a lodgement in the country, it would be expedient to avail ourselves of the laudable zeal which may prevail on their first landing and enlist a sufficient number to oppose them & to continue in service during the invasion or for any other term. Perhaps it may not be amiss to suggest to the assembly the tardiness of collecting even small numbers of men by divisions, that if any better method should occur to them they may prescribe it. The present state of the Treasury in more points than one, will no doubt be thought an absolute obstacle to every military endeavor which may be necessary.

TO THE PRESIDENT OF CONGRESS.
(SAMUEL HUNTINGTON.)

C. C.

WMSBURG, Decr. 30th, 1779.

SIR,-Your letter inclosing the resolutions of Congress relating to the capture of the Portuguese Snow by Captain Cunningham has remained hitherto unanswered because I hoped Daily to be enabled to write more fully on that subject. The resolutions and

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documents accompanying them, as soon as received, were put into the hands of our Attorney General for his opinion, with intention to have such proceedings at Law instituted as he should advise. You will see that, by his opinion, which I do myself the honor of inclosing you, the Offence could not be prosecuted here criminally; our act of Assembly, establishing a Court of Admiralty, having, in conformity with the Articles of Confederation, expressly inhibited it from criminal jurisdiction. The General Assembly being then to meet in the month of October, I reserved the subject to be laid before them, which was accordingly done. A great variety however of other Business, which would not admit of being postponed, occasioned them to pretermit this til their next session. So that if the offenders be within the Cognizance of the criminal Law at all (which the attorney seems to doubt) we have as yet no court wherein they may be prosecuted. A Civil action for Damages may be instituted; and if the sufferers shall think proper to direct it, the countenance and protection of Government here shall not be wanting so far as propriety will admit or justice require.

I am to acknowledge the receipt of your Letter of December 10th, inclosing resolutions of Congress of the same Date, approving our measures for guarding the Convention Troops, and accepting the resignation of Colo. Bland. I hope that, ere this, his place has been supplied, as the constant attention of an officer of knowledge and understanding is requisite there. Perhaps his troubles might be lessened and his office

more fully discharged, by residing at the Barracks, rather than at Charlottesvile; these posts being five or six miles apart.

The resolutions of the 11th & 14th inst. inclosed in your letter of the 14th unfortunately came not to hand till two Days after the rising of the General Assembly, which was on the 24th, and they will not meet again before the period for the delivery of the Indian Corn will be passed. They had however, early in the present year, laid a Tax payable in specific commodities; and, in their late session, directed the Executive to raise from the proceeds of that Tax, six hundred thousand pounds, towards making up the quota's of money for which they were called on by Congress. The articles specified were Wheat, Indian Corn, rye, Barley, Oats, hemp and Tobacco at the option of the payer, but it is conjectured that paiment will be made almost wholly in Indian Corn & Tobacco. I am in hopes that, on those acts of the legislature, we shall be enabled to comply with your requisition as to the specific article and quantity required, as we may retain the Tax in its specific form instead of converting it into money: but we shall fail in point of time; because it happens, that the ultimate term of paiment allowed for this Tax is the Day on which your resolutions require delivery of it to your Commissary at such places as he shall appoint. In this point then will be felt the misfortune of the legislature's separation before receipt of the resolutions; the Executive having no powers to shorten the Day

of paiment. I thought it my duty to give you this early notice of the particular part of that requisition, with which, from these circumstances we shall be unable to comply, that the ill effects of disappointment may be lessened by other timely measures.

The resolution of the 15th Instant recommending the continuance of embargoes is also received, that measure had been adopted some time ago as you will see by the proclamation inclosed.

I shall hereafter according to the desire of your Secretary transmit you copies of our acts of Assembly by which you will receive more minute information of the measures taken in consequence of your recommendations from time to time than the compass of a letter would admit.

TO THE PRESIDENT OF CONGRESS.

(SAMUEL HUNTINGTON.)

C. C.

WMSBURG, Feb'y 9th, 1780.

SIR,-Your Excellencys letter inclosing that of Mr. Scott to President Reed, and the President's to the Delegates of Pennsylvania in Congress, together with the resolutions of your honorable body recommending to both States to forbear granting lands within their disputed territory came safely to hand. I immediately availed myself of an opportunity, which occurred at that time, to Pittsburg, of taking measures to prevent any disorders on the part of our people, having had no other information on the subject than what was communicated in the letters be

fore mentioned. I am uninformed whether any actual breach of the peace has taken place. As Mr. Scott however mentions nothing but the proceedings of the Commissioners for settling disputed titles under this Commonwealth, I rather hope that that is the only act which has been the subject of uneasiness. Our assembly finding that, in defiance of their endeavours to discourage and prevent the settling our Western Country, people were removing thither in great numbers, appropriating lands of their own authority, and meditating to hold them by force, after propositions, made and rejected at several sessions, for legalizing those settlements, at length found it necessary to give way to the torrent, and by their act of May 1779 to establish a land office. The irregular claims and settlements which in the mean time had covered that Country were become so extensive that no prudent man could venture to locate a new claim, and so numerous that in the common administration of justice it would have engrossed the whole time of our ordinary courts for many years to have adjusted them. So multifarious were they, at the same time, that no established principles of law or equity could be applied for their determination; many of them being built on customs & habits which had grown up in that Country, being founded on modes of transmission peculiar to themselves, and which, having entered almost into every title, could not be absolutely neglected. This impressed on the minds of the assembly the necessity of sending special Commissioners to settle, on the spot, & with