any time to spare freely on continental requisition any articles within possession or power, which might expose them to experience in turn the disregard of congress. I flatter myself therefore that that honorable Body whenever this matter shall be the subject of their deliberations will be of opinion that the proceedings of the Lieutenant Governor and Council were substantially justifiable. They hope that no want of ceremony, or other smaller circumstance may have been matter of Offence to congress. If in this they should be mistaken, feeling the most real respect for that body, impressed with the Idea that its authority can never be wounded without injury to the present union, they are to lament the misapprehension & wish to remove it by assuring you, as they may with truth, that no sentiment of theirs, either on this, or any other occasion, has justified it. A motive of duty and respect to the collective council of our union has led me into this detail to remove all grounds of discontent from among us, and to assure you Sir at the same time that I shall consider as occasions of manifesting my zeal for our sacred cause.

TO GENERAL WASHINGTON.

W. MSS.

WILLIAMSBURG Decr. 16, 1779.

SIR, I take the liberty of putting under cover to your Excellency some Letters to Generals Phillips and Reidesel, uninformed whether they are gone into New York or not, and knowing that you can best forward them in either case.

I also trouble you with a letter from the Master of the Flag in this State to the British Commissary of Prisoners in New York, trusting it will thus be more certainly conveyed than if sent to Mr. Adam. It is my wish the British Commissary should return his answer through your Excellency or your Commissary of Prisoners, and that they should not propose under this pretext to send another Flag, as the mission of this Flag is not unattended by circumstances of suspicion, and a certain information of the Situation of ourselves and our allies here might influence the measures of the enemy. Perhaps your Commissary of Prisoners can effect the former method of answer.

I inclose to you part of an act of Assembly ascertaining the quantities of Land which shall be allowed to the officers and soldiers at the close of the war, and providing means of keeping that country vacant which has been allotted to them.

I am advised to ask the attention of your Excellency to the case of Colo. Bland, late commander at the Barracks in Albemarle. When that Gentleman was applied to, to take that Command, he attended the Executive here, and informed them, that he must either decline it, or be supported in such a way as would keep up that respect which was essential to his command without at the same time ruining his private fortune.

The Executive were sensible that he would be exposed to very great and unavoidable expence, they observed that his Command would be in a department separate from any other, and that he actually relieved a Major General from the same service.

They did not think themselves authorized to say what should be done in this case, but undertook to represent the matter to Congress and in the mean time gave it as their opinion that a decent table ought to be found for him. On this he undertook the command, and in the course of it incurred expenses which seem to have been unavoidable unless he would have lived in such a way as is hardly reconcilable to the spirit of an officer, or the reputation of those in whose service he is. Governor Henry wrote on the subject to Congress. Colo. Bland did the same; but we learn that they have concluded the allowance to be unprecedented and inadmissable, in the case of an officer of his rank. The Commissaries on this have called on Colo. Bland for reimbursement. A sale of his Estate was about to take place, when we undertook to recommend to them to suspend their demand till we could ask the favor of you to advocate this matter with Congress so far as you may think it right, otherwise the ruin of a very worthy officer must inevitably follow.

TO THE SPEAKER OF THE HOUSE OF DELEGATES.
(BENJAMIN HARRISON.)

V. S. A.

IN COUNCIL Dec. 23, 1779.

SIR, The inclosed letter from Governor Lee and intelligence' accompanying it, gives reason to apprehend that the enemy meditate an invasion of this state. The reasons which support this opinion as well as those which oppose it will occur to the General Assembly. It is our duty to provide against every event

1 From the French Minister.

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

VOL. II.-19

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