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two Letters of the Eighth. From your Residence amongst us
and the Knowlege you have thence acquired of our internal
Affairs, you must have observed that very Little is left in the
Will or Discretion of the Executive Branch. The Govern-
ment can neither command or prohibit, contrary to the General
Laws, or where they are deficient. Those who enter on Board
French Vessels, undoubtedly ought to fulfil their Contracts
and it consists with moral Fitness as well as Policy, that every
necessary Measure should be taken to compel them. Desirous
of contributing all in our Power to the End, which we wish we
could fully accomplish, we inclose you Letters to the Ferry
Keepers at Susquehanna and Patapsco, which we request you
will be pleased to forward with the printed Passports you
propose to leave at those Places. Though our Letters are not
compulsory, we flatter ourselves that they will not be alto-
gether without Effect. The Regulation which subsists amongst
us with respect to the accused, though acquitted, being bur-
thened with the Expences of Prosecution against him in some
Instances inflicts a great Hardship, but those Instances are not
so common as we should be apt to conclude on a superficial
View of this Subject, for though the Acquital stands as a
Criterion of the Party's being innocent of the Crime charged,
that Rule does not in Fact hold true universally, and, before a
Prosecution can be begun at all, there must arise from Facts
proved on Oath, a strong Presumption of Guilt, and if the
accused Person is not guilty to the Extent of the Charge, he
has generally conducted himself so immorally or imprudently
that the Punishment of paying the Expences is not out of due
Proportion to his Fault. However Sir, as you are much
interested in Favour of Joubert, we write to the Officer
requesting his Discharge, expecting the Assembly had rather
the Public should defray this small expence than that any
Uneasiness should take Place in a Matter of such small
consequence in itself, it will naturally bring the Consideration
of the Subject in general before the Legislature and the
Result will necessarily be the Rule in the Future. Of much
more concern to us is the Subject of your second Letter,
and we flatter ourselves that no Words are necessary to
convince you of it. The Galley belonging to this State is
fitted out, in great Part, at the Expence of it and for the sole
Purpose of protecting the Trade to and from this Bay, the
Efforts of the Merchants in Baltimore were in Aid of ours; the
principal Officers were, by our Permission, proposed by them
& approved & commissioned by us, as the Officers of this
State: they were so on the former Cruise. No Instructions
have been given by this Government for the Conduct of its
Officers or Subjects, towards the Ships of War of his most
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