Association was consistent with the spirit and design thereof; and had the Committee here been of that opinion, such a mode of compliance would have greatly alleviated the loss of the memorialists, as they might, in that case, have shipped their cargo away in a small vessel, instead of sending it in a vessel not above one-third full.

That, reduced, as they thought, to an unnecessary hardship, and chagrined with the disappointment, the memorialists rashly formed the design of secretly landing some small part of the cargo, and were so imprudent as to carry the same into execution. That before a discovery was made thereof, and at a time when the memorialists had great reason to suppose the place where the goods were deposited would not be discovered, to wit: the 13th of March last, they made a declaration of the fact, and offered to give the Committee a full account of the particulars, on oath, which they accordingly did on the 15th of the same month, when all the goods landed had been delivered up to the Committee of Elizabethtown, and the disposition thereof submitted entirely to the directions of the Committees at New-York; all which particulars will more fully appear from Holt’s New-York Journal, of the 23d March, hereunto also annexed, to which the memorialists refer.

The memorialists having proceeded thus far, and manifested their intention to satisfy the publick in any reasonable way that could be expected, as well as to express their contrition for the hasty and imprudent measure they had taken; and to prevent their future commercial intercourse with others from becoming the means of other infractions of the Association, the memorialists did shut up their store, discontinue all trade, shut up their own goods under the seals of certain persons here, transfer their commission business to others, and give up their wharf as free for the use of the navigation of this City, until they should be relieved in the premises by the interposition of the Congress. As vouchers of these facts, the memorialists refer to the annexed printed publications, marked No. 5 and No. 6.

The foregoing is a true state of the facts relative to this unhappy affair in which the memorialists are involved; and as their commercial concerns were large and extensive, at least amounting to £50,000 per annum, this total dereliction of business has become an immense loss to them; and if unrelieved, cannot but terminate in their ruin.

That Mr. Philip Sansom, their partner, who has been distinguished for his warm attachment to American liberty, though not concerned in the indiscreet step taken by the memorialists, is yet involved in all its fatal consequences. That besides the weight of distress and sufferings to which the memorialists themselves have been exposed, not only from their great losses, but the resentment of an incensed people, their present situation must be attended with a train of evils to the innocent who are connected with them in business; their creditors must suffer; those who depended on their large commercial business for bread, are turned out of employ, and the publick deprived of the advantages which necessarily flow from a continuance of their trade and commerce.

That the memorialists presume the American Congress, from the great and important ends of the Convention, will move only on publick principles, and therefore think it improper to address their tender and benevolent feelings, not doubting but every generous and humane sentiment towards the memorialists, which is consistent with the publick good, will have their due influence in a determination of this subject, in which the memorialists are so deeply interested.

Permit them, then, to hope that this august and respectable body, from a consideration of the conduct of the memorialists in this affair; from their utmost endeavours to atone, in some measure, for their indiscretion; from the great and complicated distress they have already sustained; from the circumstance that the innocent are deeply involved in their sufferings; and that a continuation of their sufferings can only perpetuate their calamities, without advancing the important ends of publick safety, will, in their wisdom, reinstate the memorialists in their former situation, with respect to their commercial privileges.

ROBT. MURRAY,
JOHN MURRAY.

No. 1.
EXTRACT OF A LETTER TO PHILIP SANSOM, DATED NEW-YORK, SEPTEMBER 7, 1774.

As we expect the Dutchess will be with you by the time this reaches thy hands, we have thought it most prudent to order out some bulky articles, such as we apprehend will pay a good freight, in consequence of which, we have now enclosed thee a list of such articles as we would have thee send out in her immediately, with what freight offers.

No. 2.

EXTRACT OF A LETTER TO PHILIP SANSOM, DATED OCTOBER 5, 1774.

The foregoing is a copy of our last, per the Thetis, to the contents of which refer you. She sailed the 2d current, since which we find it to be the sense of the Congress, that all orders that are gone may be suspended or countermanded; in consequence of which, we desire that all our orders sent may be countermanded, except such as are already become our property. Those we would have you ship immediately, by the first vessel for this port, giving the preference to one of our own, if there.

No. 3.

February 20, 1775.

GENTLEMEN: We being sole owners of the Ship Beulah, from London, do propose, (with your approbation,) that the ship be regularly entered at the Custom-House; in which case we pledge to you our word and honour, that no part of the goods shall be landed in this Province; but the same shall be forthwith reshipped and sent off in some other bottom. If it shall be thought more satisfactory, we consent that any number of your body be on board the ship while here, to see that the above engagement is strictly observed.

This proposition, we think, must appear reasonable, as being not inconsistent with the resolution of the Congress; and therefore we are led to hope it will meet not only with your approbation, but that of the inhabitants of this City in general. The Congress having been silent as to what bottom the goods shall be returned in, probably meant to expose the owners of the ship and cargo to as little inconvenience as possible, by leaving that matter to their discretion, which, from the terms in which their resolve is expressed, seems evidently to be the case. Their words are: “If any goods, wares, or merchandises, shall be imported after the first day of February, the same ought forthwith to be sent back again without breaking any of the packages thereof.” This, we conceive, manifestly declares that the goods, (which are the object of this resolve,) are to be imported after the first day of February; but as there cannot be a legal importation without an entry at the Custom-House, it follows that such entry is presupposed and implied in their resolution; and the more especially, as they direct that the packages shall be sent back unopened; for, as opening the packages without an entry, would make the ship liable to a seizure, the Congress could hardly have thought such rash conduct in the owners to be probable; and, therefore, from this prohibitory clause, they must have considered the goods as in a situation in which the packages might be lawfully opened, which plainly includes the idea of a previous entry at the Custom-House. By permitting, therefore, such entry under the guards proposed, we think that not only the letter, but the spirit and intention of the resolution of the Congress will be fully complied with.

It has, and probably may again be insisted on against this construction of the resolve, that the first article of the Association prohibits the importation of goods from Great Britain, &c., after the first day of December; and therefore, that it must be absurd to suppose the Congress could intend an importation after the first day of February, in the sense we contend for, as it would imply a contradiction. Whatever force there may appear to be in this argument at first view, it is entirely taken off by the explanatory clause in the tenth article, which declares, that in case any merchant, trader, or other persons, shall import any goods after the first day of December, and before the first day of February, the same ought forthwith, at the election of the owner, to be either reshipped or delivered up to the Committee