And whereas, no provision has been made by any of the said resolves for an appeal from the sentence or decree of the said Judge, where the capture of any such vessel or vessels may be made by a vessel in the service of the United Colonies, and of any particular Colony or person, together: Therefore,

Be it enacted by the authority aforesaid, That, in such cases, the appeal shall be allowed to the next Superior Court, as aforesaid: Provided, The appellant shall enter into bonds, with sufficient sureties, to prosecute his appeal with effect. And such Superior Court, to which the appeal shall be, shall take cognizance thereof, in the same manner, as if the appeal was from the Inferior Court of Common Pleas, and shall condemn or acquit such vessel or vessels, their cargoes and appurtenances, and in the sale and disposition of them, proceed according to this act. And the appellant shall pay the Court and Jury such fees as are allowed by law in Civil actions.

And be it further enacted, That when there shall be on board such capture any goods perishable by nature, the Judge aforesaid shall be, and hereby is empowered, to give license for the sale of such goods before the trial, and after a libel is filed as aforesaid: Provided, The person or persons filing said libel shall give security to the Judge for the payment of such moneys, as such goods are reasonably worth, to the captor or captors thereof, if the same shall be condemned, and if otherwise, to the owners thereof.

And be it enacted by the authority aforesaid, That when any merchant ship or vessel shall be taken by virtue of any resolve aforesaid, the wages of seamen and mariners who shall be taken on board the same, shall be paid out of the proceeds of the prize, up to the time of condemnation.

And be it further enacted, That the said Judge shall appoint an able Clerk, who shall keep a true and fair record of all the proceedings of the said Court, and shall be duly sworn to act in said office with truth and fidelity: And his attestations shall be received as evidence in all courts of law.

GENERAL LEE TO EDMUND PENDLETON.

Charlestown, July 7, 1776.

SIR: Mr. Rutledge will inform you by this express of the outrages committed by the Cherokees, which must be construed as the commencement of a war. As it is now certain that a capital and favourite part of the plan laid down by our enemies is to lay waste the Provinces, burn the dwellings of the inhabitants, arid mix men, women, and children, in one common carnage by the hands of the Indians; and as this part of the plan, though a piece of inhumanity, is certainly more big with mischievous consequences than the rest, it appears to me absolutely necessary to crush the evil before it arises to any dangerous height. Indeed, if we avail ourselves of the event, it may prove a fortunate one. Perhaps we ought in policy to have wished for it. We can now, with the greatest justice, strike a blow which is necessary to intimidate the numerous tribes of Indians from falling into the measures of our enemies; and as these Cherokees are not esteemed the most formidable warriors, we can, probably, do it without much risk or loss. I think, then, sir, that without a moment's delay, a body of your frontier riflemen should be immediately furnished, and march into the country of the Overhill Cherokees, and make a severe, lasting, and salutary example of them. The Carolinians propose at the same time attacking their lower towns, and, with the cooperation of Virginia, entertain no doubt of success.

Clinton's army and Parker's squadron are pretty much in the same situation as when I wrote last. They daily, indeed, make some alterations in the position of their land troops, from one island to another; perhaps for new air or water, of which, the deserters say, they are in great want. They tell us, likewise, that considerable sickness prevails in the army, and greater discontents from hard duty and bad diet. The spirit of desertion begins to show itself. Five soldiers came over these two last nights, who assure us that, were they not on an Island from which it is difficult to escape, two-thirds of their army would soon be with us. I am myself inclined to believe them. Upon the whole, when I consider the difficulties which the enemy's Generals have to encounter, the temper and disposition of their troops, and the improving spirit of ours, I assure myself that the game is in our hands: God give us more grace than to shuffle it away.

I am, sir, your most obedient humble servant,

CHARLES LEE.

To the Hon. Edmund Pendleton, President of the Convention of Virginia.

GENERAL LEE TO PATRICK HENRY.

Williamsburgh, May 7, 1776.

DEAR SIR: If I had not the highest opinion of your character and liberal way of thinking, I should not venture to address myself to you. And if I were not equally persuaded of the great weight and influence which the transcendent abilities you possess must naturally confer, I should not give myself the trouble of writing, nor you the trouble of reading this long letter. Since our conversation yesterday, my thoughts have been solely employed on the great question, whether Independence ought or ought not to be immediately declared. Having weighed the argument on both sides, I am clearly of the opinion that we must, as we value the liberties of America, or even her existence, without a moment's delay declare for Independence. If my reasons appear weak, you will excuse them for the disinterestedness of the author, as I may venture to affirm, that no man on this Continent will sacrifice more than myself by the separation. But if I have the good fortune to offer any arguments which have escaped your understanding, and they should make the desired impression, I think I shall have rendered the greatest service to the community.

The objection you made yesterday, if I understood you rightly, to an immediate Declaration, was, by many degrees, the most specious; indeed it is the only tolerable one that I have yet heard. You say, and with great justice, that we ought previously to have felt the pulse of France and Spain. I more than believe, I am almost confident, that it has been done; at least I can assert, upon recollection, that some of the Committee of Secrecy have assured me that the sentiments of both these Courts, or their agents, had been sounded, and were found to be as favourable as could be wished. But, admitting that we are utter strangers to their sentiments on the subject, and that we run some risk of this Declaration being coldly received by these Powers, such is our situation that the risk must be ventured.

On one side there are the most probable chances of our success, founded on the certain advantages which must manifest themselves to French understandings by a treaty of alliance with America. The strength and weakness, the opulence and poverty of every State are estimated in the scale of comparison with her immediate rival. The superior commerce and marine force of England were evidently established on the monopoly of her American trade. The inferiority of France, in these two capital points, consequently had its source in the same origin. Any deduction from this monopoly must bring down her rival in proportion to this deduction.

The French are, and always have been, sensible of these great truths. Your idea, that they may be diverted from a line of policy which assures them such immense and permanent advantages by an offer of partition from Great Britain, appears to me, if you will excuse the phrase, an absolute chimera. They must be wretched politicians, indeed, if they would prefer the uncertain acquisition, and the precarious, expensive possession of one or two Provinces, to the greater part of the commerce of the whole. Besides, were not the advantages from the latter so manifestly greater than those that would accrue from the imagined partition scheme, it is notorious that acquisition of territory, or even Colonial possessions, which require either men or money to retain them, are entirely repugnant to the spirit and principles of the present French Court. It is so repugnant, indeed, that it is most certain they have lately entertained thoughts of abandoning their West-India Islands. Le commerce et Veconomie are the cry, down from the King to the lowest Minister. From these considerations, I am convinced that they will immediately and essentially assist us if Independence is declared.

But allowing that there can be no certainty, but mere