Mr. Babcock of Newhaven informs me that he wrote you respecting our maritime Laws, and the Application of them to the Case of the Countess of Eglington,1 which John Brown of Providence is endeavouring to bring before Congress; but fearing he had been mistaken in his Recollection of these Laws, and so may have misrepresented them, he has desired me to set the Matter in its true Light, lest the Congress should conceive this Case and some others which may come before them from this State to stand only upon the Footing they are put by the Resolves of Congress, and sustain them when perhaps the Parties con-263cerned may dispute their Determination, or disregard their Orders, which in any Case under present Circumstances, might be of public Detriment: This State passed the first Act for fixing out armed Vessells, before any of the Resolves of Congress, instituted a maritime Court where Causes were to be tried by a Jury, and made the Decree of this Court final;2 some Time after this the Congress passed Resolves about these Matters, and therein say, that Appeals shall be allowed to themselves and in all Cases whatever;3 after this our Court passed a second Act, and having before them these Resolves, determined, whether wisely or not I will not say, that Appeals from the maritime Courts in this State, should be to the Superiour Court, except where Prizes are taken by armed Vessells in the Service of the Continent, in which Case out of Complaisance to the Resolves, they allow an Appeal to Congress;4 By these Rules we proceed and after a Judgment of the superiour Court, Distribution takes Place, and the Prize is commonly shared among Hundreds, most of whom soon become unable to refund; by our first Act where two or more armed commissioned Vessells jointly make a Capture, the Prize is to be divided in Proportion to the Men on Board each Vessell, our Courts suppose the Jury under this Law, are to say what is a joint taking; By our second Act, the Libel and all the Claims filed whether by Owners or Captors are to be given to the Jury, who are to determine what Share or Proportion, if any, of the Prize, each Claimant shall have; our Courts have uniformly determined that, by this Act in Conjunction with the other, the Jury are to determine who are joint Captors, and to give each such Share as under all Circumstances of the Case they merit, having regard to the Aid and Influence of each in the Capture. In the Case of the Countess of Eglington, the Jury determined that the Owners &c. of Brown's Privateer, should receive one seventh Part of the Prize, and Babcock's the Residue; Distribution has been made accordingly; It is true an Appeal was claimed to Congress, from the Judgment of the Superiour Court but it was refused, and it is to be noted that Brown had availed himself of our Law, and appealed from the maritime Court to the Superiour Court and there had a Trial. He has since taken the Part adjudged him, whereas if he meant to set aside this Judgment, I conceive he cannot avail himself of it in Part; I need not suggest to you the Inconvenience of bringing into Dispute and Contrast the Authority of our Legislature and Congress. Our Superiour 264Court have determined that notwithstanding the Resolves of Congress, our Act must operate in this State, and that no Appeal lies but where the Act gives it, the Congress have given Countenance of this Opinion, by frequently recommending to our Legislature to regulate these maritime Affairs; If anything must be done, and I am apprehensive if nothing is done Difficulties may arise, will it not be best to recommend to our Legislature, to make their Acts conform to the Resolves of Congress, or, will it not be still better for Congress to consider whether the carrying appeals from all Parts of the Continent to Philadelphia, will not be unreasonably expensive, burthensome and grievous, and also whether they will probably be determined by any steady Rule, while detached and varying Committees, without fixed Principles to refer to, try these Appeals, and at a Time when all your Hours are, or perhaps ought to be employed on Objects infinitely more important, and will it not be best to appoint some Courts of Appeal with defined Authority, or to give the Superiour Courts in the several States, Jurisdiction in such Cases, till a better Plan can be digested and perfected; I believe Determinations will be generally as expeditious, as just, and as satisfactory, in this as in any other Way. I hope you will excuse this long Letter, and upon Business comparatively so petit, but my Friend Babcock was uneasy lest he had mistated this Matter, and that you might be misled. In this important Day, dear Sir, you will permit me to wish you the full Enjoyment of your Health, and the free and vigorous Exercise of your Powers. My Sphere is small, I am of no Weight in the political Scale, but I am willing to devote all I have, and all I am to the Service of my Country; which I am sensible needs the Exertions of all her Sons, as well to preserve or restore her Virtue as to defend her Liberties. I am with Esteem and Respect your Friend and hble. Servt.,

This day 7-night I transmitted under cover to Mr. Hancock a number of anniversary sermons, printed at the request of the General Court,1 some of which were directed to those members of the Congress whose names I was acquainted with, others I requested might be directed, my design being to present one to each; yours I hope will be duely received.

The particular occasion of my writing is not the above, nor the loss of Ty, which I am continually regretting, though providence may cause it to issue in the destruction of Burgoynes army, nor the fear lest the continent should lose the service of my friend Gen. Gates; but the depreciation of the currency and the excessive dearness of goods. This week things sold at vendue almost beyond belief, what originally in former times cost only three shillings sterling for five pound lawful, an inferior kind of broad cloth ten pound ten per yd., middling stockings six dollars &c. But how shall we remedy these evils? That's a question I suppose the Congress has been hammering upon some time. Suffer me to give you a few thoughts that have lately occurred upon the subject. The Congress to raise the value of their currency are desirous we will say of sinking four millions lawful. Let them employ a person to negotiate with the merchants in Holland the loan of a million at four or five per cent interest, to be sent in teas, spices, checks, ordinary dutch cloths &c. The Dutch to deliver the goods safe in our ports, for the risque of which they must have an advanced premium. Let us now see how this will operate. The Dutch East India company thereby feel the sweets of the American trade, and have their hopes of securing the whole by underselling others raised, which touching the main 266spring that actuates their dull souls, makes them our stanch friends upon interest. The rest of the Dutch traders have their advantage also in supplying other commodities. The Dutch being to deliver the goods in our ports, should the vessels be taken, no additional expense is thereby thrown upon the continent. But if the opportunity is improved should the scheme be adopted, the probability of their getting safe into some of our harbours will be great, for they will be upon the coast towards the close of the year when the enemys vessels will have quitted it in general, because of the weather. The Dutch should have some Americans with them who understand the coast and know how to come in in the winter season, they should be furnished with such sailors or masters till they have learnt for themselves. The quantity of tea consumed upon the continent, before the interruption by the war, amounted to more than six hundred thousand pound sterling. Let us reckon upon getting the amount of three hundred thousand. Prime cost, expences in negotiating, bringing it to market and selling it, amount to a dollar per lb. It sells at present by the chest out of the vessel at seven dollars, there is not a chance of its selling lower at Christmas or in Jany. 1778; but we will fix it at six, the gain to the continent will be a million and a half sterling, which may be sunk in the destruction of continental bills. The same as to other articles; on which the continent will be likely to receive on an average six hundred for one. Upon this plan the people may get supplied: their paper money with which they are overstocked will insensibly vanish, and the prices of provision be necessarily reduced; the hard money which the merchants are sending out be retained; and the continent have to pay a smaller interest to the Dutch for one million, than they have to pay to the inhabitants of the different states upon several millions. In a word, I think the Congress must for the present turn merchants upon the credit of the Continent, and by selling their own goods to the country recover from the people those enormous sums which they have been necessitated to issue. They can do it to much better advantage than private adventurers, who will put the gains into their own pocket instead of appropriating them to the service of the public. Should this or a similar scheme be adopted, care must be taken to keep it from being made a job of for individuals, some honest sensible man or men must be entrusted with the sale of the goods, and instead of commission let him 267have a salary, or let his commission be very small when the value of the goods is large. Oblige him to sell for ready pay and not upon trust, that so the continent may not be cheated, for many persons who pass for good sort of men make no conscience of cheating the continent. Should these thoughts be approved of, I would further propose that when the cargo of a vessel came to be disposed of, part of it should be sold at vendue, and to catch the cormorants who might design setting an exorbitant profit upon what they might there buy another part of it should be sold to traders at a small advance, or without any according to the quantity they were supplied with, to be by them retailed out upon fair and moderate profits to themselves, upon penalty of never being supplied more did they not do it.

If you can make any advantage of the above for the public good I shall rejoice; if they are not improvable nor practicable they serve at least to show my zeal for the common cause. Should any measure be adopted in consequence, the profoundest secrecy ought to be observed; and it should not be known what has been doing till the merchandize has been disposed of, I have therefore avoided and shall continue to avoid talking of any such scheme, or trusting any but one or other of the Congress with my thoughts. Shall be glad to hear from you. Your sincere friend & with much esteem your very humble servant,