[No. 3865.]

Governor Clinton's Instructions to Colonel Hay Regarding the Controversy with Colonel Pickering on the Forage Question.

Poughkeepsie, 1st Aug. 1781.

Sir, I have rec'd your letter of the 26th ult. with the enclosures. As the disposition of the forage &c on the sequestered farms in Westchester County is an extraordinary Duty charged on the State Agent & particularly provided for by law I do not conceive myself authorized to give any Instructions on the Subject. My sentiments, therefore, must be considered as from an individual and not as a Rule for the Government of your Conduct. Whatever may have been the gen'l sentiments of the Army and however great the Respect I may have for their opinion, I can by no means admit the Idea, that the Property of the State in Westchester County is become forfeited to the Public from its having been exposed at Times to the Power of the Enemy; nor can precedents founded on the Practice of European Stations, if any such there are, which is equally inadmissable, support the Principle; as I am persuaded none can be adduced that will apply to the Case in Question when the nature of our War & the spirit of our Consideration is duly considered. But without entering on a Train of Reasoning which to you at this time would be unnecessary, the Law under which you act supposed the Property vested in the State & subjects it to your Dispositions and by this alone as an executive officer you are to be governed. I am sensible that circumstances unforseen at the Time may have turned up which may render it impossible for you strictly to comply with the Letter of the Law and in this Case you will stand justified at least in my opinion & I believe I may venture to say in that of the Legislature, in pur

suing such measures as shall be dictated by the spirit of the Law and having under this Idea attended to the different Propositions which you have made to Colo. Pickering I conceive that, should he agree to either of them, you will as far as present Circumstances will admit, have fulfilled the Intentions of the Law. If he should reject both of your proposals, I would accept of his Certificate of the quantity of Grass &c. used by the Army in Westchester County but at the same time I should conceive it your Duty to procure such Evidence of the Trespass on the different sequestered Farms being committed by his or the forage Master's Order as would support Suits, in case justice should be withheld, and the State should think proper to seek Redress in that way. I perfectly agree that it would be most proper to have this matter settled with our own Army before that of our Allies should be pressed on the Occasion and I approve of

your having written to our Delegates on the subject.

Colo. Udny Hay, State Agent.

[No. 3866.]

Governor Clinton Sends Colonel Hay Military News.

Pokeepsie, 1st Augt. 1781.

Dear Sir, I am much obliged to you for your Favour of the 26th ultimo and am concerned that my absence at Marble Town when your letter was brought to my Home has delayed Major Chandonet two Days at this Place waiting for answer. You can expect little news from me worth communicating. Small parties of the enemy have lately made their Appearances on Different quarters of our Frontiers and have scalped some and done others Mischief, particularly at Schohary, where they have burnt two or three Houses, and I am informed that they have

an armed sloop in Lake George which at least indicates their intentions to continue their Depredations in that Quarter if not something more serious. I am unhappy in the disappointment of the ladies and particularly on account of Mrs. Hay's Indisposition. You will please to offer her & accept yourself Mrs. Clinton's & my best respect & assure her of our sincerest wishes for her Recovery. I beg you will also be so obliging as to present my Compliments to my Old Friend & Acquaintance Colo. Dayton whom I much esteem & thank him for the newspaper.

[No. 3867.]

State Commissary Wiley's Communication to Governor Clinton Relative to Supplies and Funds.

New Jersey, Westfield, August 2d, 1781.

Sir: The last time I had the pleasure of paying my respects to your Excellency, I received your approbation for retiring to my Family untill the Treasurer would be enabled to Furnish me with money agreeable to the Warrant I at that time received. In order, however, to Facilitate Business and expedite the supplies for the Troops, I requested the Treasurer to write me word whenever he should be in a situation to discharge the warrant, and made him acquainted (for that purpose) with the place of my abode. Since which have been informed by letter from him that he would shortly be in a capacity to pay the amount of the warrant; but as the depreciation of paper money is now so great, I would request your Excellency's Instructions whether I can, with propriety make the purchases, as I shall be Under the disad vantage of procuring them within our own State at a very great advance the neighboring States not giving our money any

chance of circulation. I shall wait your Excellency's commands at this place; and am, Sir, with respect your very humble Servant

His Excellency Govr. Clinton.

John Wiley.

[No. 3868.]

Anne Rumsey Appeals to the Governor in Behalf of Her Husband— The Governor's Reply.

Ballston, 3d of Augt. 1781.

Sir, Necessity obliges me to trouble your Excellency at this time with a Request which I Conceive no Other Person in the State is Capable of Granting. I, therefore, humble beg leave to Acquaint your Excellency with my Distressed Circumstancesviz: my Husband was one of them unfortunate Persons that was carried away Prisoners by the Notorious Capt. Waltimyer About the Eleventh of June Last to Canada, where I suppose if alive Still Remains by which means I am Left alone with a Large Family of Children, so Small as not to be able to Contribute anything towards there Maintainance and Our Circumstances being Low in the World and in a new Country, and our Living Chiefly depended on the Industry of my Husband, which Revenue is now broke up by this Captivity-which if not speedily remedied by his Return must soon reduce me and my Family to the most Indigent Circumstances To Prevent which Humble beg that your Excelency will give me such directions as will be most likely to effect an Exchange of My Husband-Or that he may be remembered if there should be an Exchange of Prisoners, although I should not be able to atend to it myself, which is the humble petition of your Distressed Humble Servant.

Anne Rumsey-wife of David Rumsey.

Excelency George Clinton Esqr.