Letters to the Council. 449

them to be Innocent at the Ensuing Court but notwithstanding as
they did not appear the Recognance was forfeited, and Execution
Issued against the security
The Pay of the Soldiers being so small that it would take at least
twelve months to pay the Recognance which was forfeited should
be Exceeding Happy if it lies in your Excellencys Power to Redress
them.

Red Book
No. 26

[Nath'l Smith, Balt, to Gov. Lee]
Sir The above by Cap^t Dorsey is nearly as he has Represented
it. Rob^t Tool & Jn^o Gray went with me to two different Courts,
before their Worships & their declar'd that they were Sensible that
the within mentioned Kelleker & Dulaney were Inocent of what
they had laid to their Charge and desired the Court to have the
Actions Struck off. I should not have ben Security for them, had
not I ben Satisfied the men ware Inocent, as it afterwards Apered
to the Court.
The Majestrates allways told me they woud have the affair Set-
tled without Charge to myself. Since the Executions ware served,
I have talked to them on the Subject, they told me they had forgot
it (as it had been so long in Court) or they woud have prevented
the Executions being served.
If what Cap^t Dorsey & myself have said is not Sufficient to Con-
vince your Excelency of the fact, I will git it from under their
Worships hands, tho I make no doubt but your Excelency from this,
will be Satisfied that what I have done was with no other motive but
to serve the Country & two Inocent men, from Ruin. Therefore
must beg your Excelency wou'd order that I may be Cleared of any
Charge on the acc^t

March 13
Red Book
No. 26
Letter
No. 42

[Ben Stoddert Secry, War Office, to Gov. Lee]
Sir In answer to your favor of the 3^d instant, I have the honor
to inclose a resolve of Congress of the 16^th of August last, & the
Cloth^r Generals estimates made in consequence thereof for the years
1778 & 1779 agreeable to which the soldiers who have Clothing due
to them for these years should be paid for their deficiencies.
The Hon^ble Council will observe that the resolve of Congress
points out the mode of settling with the Soldiers for their deficient
Articles, but as it has hitherto been impracticable to comply with this
mode in every instance, the board have not hesitated in ordering their
Paymaster to pay such men as have been discharged before they were
settled with; and the certificates of the Regimental Paymasters have
been deemed sufficient vouchers of the Justice of their claims. But
it is presumed that men still in service should be paid as Congress
direct
p. S. A List of the men belonging to Maryland who have been
here, will be transmitted by next post.
29

March 13
Red Book

No. 7
Letter
No. 194
(vide
Liber C C
No. 22
p. 73)