Forage of every sort, which either has already, or may hereafter be used by the Army on the confiscated or sequestered Lands within this County (for you know immediate payment never has been demanded) I again wait on you with the most sincere inclination to embrace any method you are pleased to propose for amicably settling the whole of the present dispute in such manner as to do the strictest justice betwixt the United States and this State, agreeable to the meaning and intention of the Law by which my Conduct must be governed, and, therefore, take the liberty of proposing the two following methods, either of which that may meet with your approbation, I am ready to enter into. The first is that a person appointed by me, and authorized by you, go around to the heads of all the Departments, and get a certifyd return from under their hands of the number of Horses and oxen or fat cattle belonging or attached to their respective Departments, and the number of days they have been maintained within this County since you have thought yourself justifiable in refusing certificates for their pasture; the number of Horses and oxen or fat cattle thus ascertained, that we fix upon a reasonable price per day per head, founded upon this principle that Hay is worth ten Pounds per ton (that being the price Congress has fixed for the settlement of the accounts of each State for that article) and that you then give me a certificate declaring that such a number of Horses and oxen or fat cattle have been maintained for such a time on the best of pastures & meadows in Westchester County the property of individuals in the State of New York, or of Tories gone off to the Enemy whose Lands are now become the property of the State itself. The second Method is that a Person be appointed by you, and another by me, with orders to choose a third, which three, being upon oath, shall have full power to ascertain the value of the Pasture or meadows that shall appear to have been used by the Army of the United States within this County, fixing the valuation upon the same principles as above mentioned, and agreeable to which you to grant certificates to me for what appears taken from the confiscated or sequestered Estates, and to individuals for what appears to be taken from their Estates. Should neither of these modes correspond with your Ideas on this subject, please propose any other, and if not materially different from these in spirit, I will willingly conform therewith; but if contrary to my wish and expectation you should still persist in a determination not to pay for any of the Property consumed in this quarter by the Horses, oxen or fat cattle of the Army, I must request your answer to the following Questions, as I think they must contain very material information for those under whom I have the Honor to serve: 1st At what time, and by whose authority, were the original Proprietors of the Lands in Westchester County in the State of New York, on which the public Cattle have lately been or now are maintained, divested of their property in the said Lands or any part of the Produce thereof? 2nd In whom are these Lands and their produce vested at present? 3rd Can the property of the soil and the produce thereof be by any legal means vested in two different Persons at the same time, without some particular & express law for the purpose, or a voluntary compact betwixt the Proprietor of the soil & such other Person? 4th Does the smallest resemblance of such a Law or such a compact exist in the present case? 5th At what period of time (if ever) may these original Owners, or their legal Heirs or assigns, again with propriety claim their right of possession in its full extent, and to what authority ought they to look up for information on a point so very consequential both to their present & future interests? I think it necessary now to mention in writing what I have formerly at several times informed you of in conversation, that when a public officer myself, I not only paid for the produce of farms sequestered to the State, but know that other public officers did the same, and yet I am very certain my accounts will be a convincing proof that my general expenditure of public moneys was sufficiently frugal. You will please observe I have taken no notice of any mode for ascertaining the value of what may be consumed in future, as a settlement of what is past will in my opinion render the other extremely easy. Let me now request, Sir, you will favor me with an answer to this as soon as possible and adopt some mode which I can with propriety concur in for an immediate, equitable and friendly settlement. I am conscious of my want of Capacity to handle a controversy of this nature against you, supported as you inform me by the joint opinion of the whole Army You have ever spoke to on the subject, but I will nevertheless take every legal method to support my claim in behalf of the State I serve. and strenuously endeavor to compensate for my want of abili ties by a decent firmness and unremitted assiduity. I am most respectfully Sir, Your most obedient & very humble servant Udny Hay. Colo. Pickering. Friday 12 A. M. I have just recd the Colonel's answer consisting of a sheet and a half of paper wrote in a small hand, without a single argument to support his claim of non payment, except that the general idea which prevaild in favour of his sentiments was a great proof they were not erroneous. He Despatches to-morrow an express to Congress to know their sentiments on the subject. I shall write our Delegates very fully but have told the Colonel should the opinion of Congress be different from that of the State I shall not pay the least respect to it, should they however desire him to pay upon the terms I propose it will tend to an immediate settlement of the whole dispute. I have spoken to the French Intendant, who disclaims every connection with those who have given orders to take the Forage in this quarter without payment. He says I must apply to the Count De Rochambeau which I shall do accordingly. I have requested the Refugees of this County to meet on Monday next where I shall attend. I am sorry I have not time to copy Colonel Pickering's letter for your Excellency's perusal, I cannot help thinking it a very extraordinary one. I am very respectfully, Your Excellency's most obedient & very humbe Sert Governor Clinton Saturday evening Udny Hay I have spoke to French General who will give no positive answer but leaves the matter to be determined by General Washington to whom I applyd who still declines giving any opinion on the subject. In this dilemma let me request Your Excellencies instructions if you can with propriety give me any. Saturday Evening. U. Hay I find myself really in a most disagreeable situation respecting this Forage business. The General I believe before he knew anything of a demand being made either by the inhabitants or State for what forage the Army might obtain in this quarter, signified it as his opinion that no pay would ever be required for it. Of this there are some who wish to take great advantage and screen themselves under the sanction of his opinion, with respect to making any demand on the French. He could wish. that matters was deferred till a full determination is fixt on respecting our own Army, but he only gives this as a private Gentleman, and wishes it made use of in no other way, though I have not pressed for your excellencies directions in my public letter, yet I have the most earnest desire to receive it Please excuse haste. [No. 3853.] Colonel Hay Sends Governor Clinton Military News from the South and Along the Hudson. White Plains, 26th July 1781. Dr Sir, Agreeable to promise, I now sit down to inform you of every thing material I know of within the Camp. Thursday was a week the Enemies shipping at Dobbs ferry were attacked from a battery of ours erected for the purpose; when one of them got very considerably mauld, having recd so many shots betwixt Wind & Water as obliged her to sett both chain pumps agoing. They were thrown in great consternation by a shell which fell on board, and sett their riggin on fire in such a |