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I congratulate you upon the prosperous train of affairs in Georgia. The Count D'Estaing has, however, been detained longer than was hoped for, but we may expect in a few days a happy condition of affairs there, and the appearance of the Count, when, if not before, I expect to hear that Newport is evacuated. It will be a pleasing circumstance that Wallace is at length a prisoner. The enemy have destroyed the works at Stony and Verplanck's Points, and are hiving themselves in New York. I hope a sulphureous vapor will soon rise there to their utter destruction. I pray your Excellency present my respects to the Honorable the General Assembly, and assure that respectable body that I am their and your Excellency's Most devoted and obedient, humble servant,

HENRY MARCHANT.

Gov. GREENE TO HENRY MARCHANT.

WARWICK, STATE OF RHODE ISLAND, &C.,}

November 5th, 1779.

SIR: I received your favor of the 12th of last month, and laid the same before the Assembly, which convened the 25th of the same month, prior to which I had received the address from Congress, which has been published in the Providence newspapers; which appears, by what you mention, calling upon the states for a further supply of money to be paid monthly, to be an introduction for that purpose. For myself, I am sincerely desirous. the states may cheerfully fall in with the measure, but as this State has not yet completed their proportion of the several sums heretofore required by Congress,—that is to say, of the fifteen millions and forty-five millions, as also the loan of twenty millions dollars,-though they have paid a very considerable part toward it, they did not think proper at their last session to order a further sum then, but I flatter myself they will do it timely.

As to regulating the prices of articles, I can only say, that what has been done in that respect here, has been by the people at large; that the Assembly has not given me any direction concerning that matter. The convention stood adjourned to the day before yesterday, when there were present members from ten towns only. They adjourned until next Monday week, and passed a resolve requesting that the several towns in the county of Newport would convene and choose members to meet at the adjournment in convention. There has also been a convention of the New England states and New York, respecting said affair, who, I hear, have come to a resolution to recommend to those states that the prices of articles should be regulated, and that inland embargoes should be taken off. I have, therefore, without any order from the Assembly, thought proper to give you the state of these matters, but what will be the event, I cannot pretend to say. Those embargoes

tend much to disunite the inhabitants of the different states, as well as greatly to distress. You have doubtless heard, before this, of the enemy's having evacuated Rhode Island, for which I sincerely congratulate you.

Since writing the above, the post has come in from Providence, without bringing an answer to your letter which I sent there, as the Secretary had the papers, and Mr. Welcome Arnold and Theodore Foster being by the Assembly appointed a committee to draw up the state of the matter, concerning the vessel that was captured by one Tyler, down at Nova Scotia, and lay the same before the Assembly. But as they have not sent me your letter, nor answer, shall endeavor to answer it by relating every circumstance, as near as I can recollect, which was as follows:

Capt. Tyler went down to Nova Scotia, and there captured a vessel which belonged to Mr. Colt. After which he went on shore into his house, and there plundered him of about every thing he could lay his hands on, as to money and clothing, even down to baby linen which he took out of the drawers. Prior to this Mr. Colt had procured a protection from the state of Massachusetts Bay, to secure him from being captured by any of the armed vessels. He has even appeared very friendly to the inhabitants of the United States, who have been made prisoners by the enemy, and put up at his house on their way home;—all of which appeared to the owner's advantage to that degree as to induce them to give up their claim to the vessel and articles plundered by said Tyler, which appearing to the Assembly, considering that Tyler went on shore, contrary to the resolution of Congress, they thought proper to pass an order that the vessel and articles plundered should be given up to said Colt.

I am, sir, with every sentiment of respect,

Your obedient and most humble servant,

WILLIAM GREENE.

HENRY MARCHANT TO Gov. Greene.

PHILADELPHIA, Nov. 9th, 1779.

DEAR SIR-I most heartily congratulate your Excellency, the State, and America, upon the evacuation of Newport, by that most savage host that hath so long inflicted our country. It is a happy event, and I hope will soon be followed with the entire extirpation of the British from out of America.

t'ar

I could have wished for your Excellency's own communication to me, of so important an event. Your Excellency and the other branches of the Legislature, amidst all the joys, will have an immediate accession of important considerations :-The future safety of the town of Newport and the State in general; the proper line to be adopted as to the internal enemies,

which, permit me to suggest, it is expected will be wise, just and firm. Not only the present peace, but the future welfare of the State, if not America, will attend much upon this. The next, and perhaps not less important consideration will be necessary against the more open foe. Now for the town of Newport,-is it capable of a full defence? The difficulty and expense, on the one hand, and the advantages to the State and the common cause, on the other. How far the State of herself is capable of making and supporting a defence, in present and future, and how far the United States are interested therein now or may be hereafter, and how far they ought to be called upon. The best of military and political wisdom ought to be consulted upon this occasion. I am but capable of suggesting broken hints. However, such as they are, I find myself constrained to make them, from the love I bear to the true interests and happiness of the State I have the honor to represent, and the glory, happiness and independence of America. I am, with great truth, your Excellency's

Most obedient and humble servant,

HENRY MARCHANT.

P. S.-I enclose your Excellency two of this week's Journals, of course down to Sept. 11th, 1779, and this week's papers.

Gov. GREENE TO HENRY MARCHANT.

November 9th, 1779.

SIR: Your letter of the 19th ultimo, respecting the affair of Isaac Tyler's petition to Congress, having come to hand, I shall, agreeably to your request, attempt to state facts as I apprehend they appeared to the Assembly, and the reason which induced the Legislature to order a restoration of the property plundered by Tyler and his people, from Messrs. Foot and Corning.

At the General Assembly held in Providence in August last, Messrs. Foot and Corning presented a petition, whereof a copy is enclosed, to which you will be pleased to refer. In support of the facts alleged in this petition, a letter from the Hon. Richard Derby, jun., who had been member of the Council of Massachusetts Bay, to the President of that Council, and a paper signed by all the principal people of Salem, were read before the Assembly, asserting their knowledge of the character of the petitioners; that they had been friendly to the American cause, and had made great exertions in favor of the subjects of the United States, and soliciting that justice might be done to the petitioners, and compensation made for the damage they had sustained. A number of evidences, as well written as parole, were produced to the Assembly, specifying particular instances of the friendship of

the petitioners to the cause of America, especially Capt. Joseph Almy, in person, testifying that when he was obliged to run the brig Cabot on shore, in Nova Scotia, to escape from falling into the hands of the enemy, that the house of Capt. Foot, one of the petitioners, was an asylum where Capt. Olney and his people, to the number of one hundred and eighty men, were very kindly received, and where they remained until they consumed all the provisions in the house; that Capt. Foot and Capt. Corning, the petitioners, did everything in their power to serve Capt. Olney and his people, procured a vessel and transported all the people who belonged to the Cabot over the Bay of Fundy, whereby they were enabled to return home; that had it not been for the exertions of the petitioners, Capt. Olney and all his people must have fallen into the hands of the enemy. A person who was taken with the vessel and brought from Yarmouth by Tyler, testified that they sailed from Boston the first twenty-four hours after they left Yarmouth. But, upon consultation between Tyler and some of his people, respecting the passport. or protection the vessel was under, from the Council of Massachusetts Bay, it was concluded that it would not be prudent for them to go to Boston. That they themselves altered their course and sailed for this State,—Tyler expressing himself to this effect: "It will not do for us to carry the vessel to Boston, if we do this paper will play hell with us." That this person afterwards enquired for this passport or protection, and was told by Tyler "it was safe enough." It appeared clearly to the Assembly that this paper had been in Tyler's possession, and that it was either secreted or destroyed, although he denied before the House his ever having seen it.

The following order, passed by the Council of Massachusetts State was read before the Assembly, viz. :

STATE OF MASSACHUSETTS BAY, IN COUNCIL,
August 6th, 1779.

ORDERED, That the petitions of Zachariah Foot and David Corning, with the papers accompanying them, be transmitted to the authority of the State of Rhode Island, as they may take such order thereon as they may think proper for the restitution of the property of the petitioners, and such compen sation for their suffering as justice may require.

True copy-Attest

JOHN AVERY.

A resolve of Congress, recommending to the several states to pass laws for preventing the subjects of these states from plundering the houses and inhabitants of the islands and country adjacent to these states, in the power of the enemy, was also read. This wise, humane, and just recommenda

tion, perhaps, had considerable weight in determining the House to order a restitution of their property. A paper, signed by all the owners of the vessel which Tyler commanded, whereby they signified their unanimous opinion that all the property ought to be returned to the petitioners, and relinquishing all claim thereto, was also read.

The matter was taken up with a great deal of coolness and deliberation by the Assembly, and every circumstance was maturely and justly weighed. Tyler had two attorneys, Messrs. Aplin and Helme, who said everything in their power in his favor. But it was known that Tyler had been very imprudent in his former conduct; that, with the same commission, he had, not long before, without any color of right, taken a vessel and cargo out of a harbor in Connecticut, owned in that State, except part of the cargo, which was Continental property then having a clearance for another harbor in Connecticut, and brought the same into this State; that actions had been commenced against him by the Connecticut owners, and in behalf of the United States, and large damages recovered in a common law court in this State.

As it appeared clearly and fully to the House that the petitioners were very friendly to the United States, had essentially served many of their subjects, and had been plundered and robbed by Tyler and his people, in a most cruel and inhuman manner, without any authority or commission therefor,-Tyler's commission only empowering him to capture the property of the enemy upon the water, or between high and low water mark, and not to plunder the houses of unoffending people upon the land; as the vessel and cargo itself, at the time she was taken, was under protection from seizure upon this principle, that she was owned by friends who were coming in the same vessel with their effects, to reside in one of the United States, and, as from the peculiar circumstances of the case, no relief could be granted to the petitioners without the interposition of the Legislature, the Assembly, therefore, very unanimously passed the order for the restitution of the property of the petitioners, agreeably to the request and recommendation of the Massachusetts Council, there being not a single dissenting voice in the lower House.

Notwithstanding the order of the Assembly, this was a hard case for the petitioners. They lost a very great part of their property, which had been plundered and was embezzled and lost, so that no compensation was made.

You mention that Congress are a good deal alarmed at the interference of any of the states, in cases when the extent of their commissions are questioned, or which respect matters of a maritime nature transacted beyond the jurisdiction of the State; for although Congress may not interfere with the internal police of any of the states, yet it is conceived that no state can grant protection to the vessels in trade beyond the limits of their state. It

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