70 Letters to the Governor and Council

February 13

not Disappoint me the Want of my money from the state has been
a grievous loss to me, I advanced to the Gentⁿ the Goods belonged
too, the full am^t 6 or 8 months agoe

February 13
Red Book
No. 7
Letter 209

[Richard Peters, War Office, to Gov'r Lee.]

The Board have been honoured with your Letter of the 20^th Janu-
ary. The Commissions requested in your Letter of the 29^th May
were forwarded to the Commanding General of the Southern Army.
The Commission for M^r Nelson will be made out agreeable to your
Request. In Answer to that Part of your Excellency's Letter which
relates to Rawling's Regiment we beg Leave to assure you that this
Board have never interfered in the Arrangements of the Army they
being merely ministerial in the Business & never issue Commissions
but according to the Certificates of the Executives of the several
States. The Remnants of Rawling's Regiment cannot now be con-
sidered a Separate Corps as they are not mentioned in the Regula-
tions of the 3^d & 21^st October last. The Board cannot issue Com-
missions but to Officers now in Service agreeable to those Regula-
tions & it depends upon the Government of Maryland to say whether
these Officers or any others of this State shall be commissioned in
the present Army & in what Regiments they shall serve. We should
were these Obstacles out of the Way be happy in complying with
your Request for issuing commissions to the Officers late of Raw-
ling's Regiment but under present Circumstances we do not think
ourselves justifiable in doing it

February 14
Red Book
No. 27
Letter 24

[Sam. Smith, Balt., to Gov. Lee.]

I wrote your Excell^y p last Post, to which I beg your reference.
M^r John Dorsey informs me that the determination of the Council
is to send up the Cato's flour to M^r Donellan to be repack'd. When-
ever the State trades it must Submit to the Laws & Customs of Com-
merce that being the Case I must Inform you that Part of the Cato
is Insur'd, the Benefit of which will be lost unless the legal & accus-
tomd process is f ollow'd with respect to her & the Cargo. Whenever
the Capt of a Vessell is pursued & runs his Vessell on Shore & by
that Means saves a part, that part must pay its average & proportion-
ate part of the Loss of the other, the reason is obvious for had he
not sacrific'd the Ship the Cargo would have been totally lost, Cus-
tom is so, Justice dictates it, we have two or three other Vessells
exactly in like situation & all are up without Hesitation Settled in
like Manner. The whole that is sav'd must be sold or appraiS^td, we
propose selling the Savings from the Cato & Barr Iron & expect the
flour to be also sold, the State can become the purchaser, & then the
necessary repacking can be made — rand then the good must be paid
to M^r William Smith who now Calls for Immediate payment I pre-
sume 750 B^bles may be made good to deliver him. I Have near 150