British have withdrawn their police from Long Island, that part of the State and the lower parts of West Chester County are in a State of Nature. In such Case every Man of course doeth that which serves good in his own Eyes. Every villain may there rob and murder in the open daylight, and with Impunity. Some immediate attempt should for this Reason be made to prevent so tremendous an Evil. A Written application for this purpose should I think be immediately forwarded to Sir Guy Carlton; holding up to him in pointed Terms, some such plan of a Convention as I some days since had the Honor to inclose to you.

Another, distinct from it and only to be used in Case of a Nega tive to the first, also in pointed Terms, this proposition:-That he agree to give up Long Island and the lower parts of West Chester County to the exclusive civil Government of this State; and in Case of a negative to this,then another distinct proposition from the other two, that he engage to prevent and punish any Outrages in those parts of the State, until a Convention for the total Evacuation of the Southern parts of this State by the British takes Effect. To this Step I think no solid Objection can be offered on our part.

For first, such an Application can never be construed into an Infraction of the supposed Treaty of peace; and to such an Application, we are warranted, by Sir Guy's verbal Declaration to Mr. Benson, to expect a written Answer.

Secondly, should such an attempt be made, a Question will arise, Whether it should be by the Governor alone or by him, in Consequence of the Advice of a Majority of at least seven of those Characters, who are to form the temporary Government? As this Will, in its Nature, be a proposition for a convention, to gain possession of the Southern district of this State or parts thereof, now

in the power of the British, I think the Application should be made on the Ground of the supplementary Act; and, therefore, with such Advice as aforesaid. But another Question will then arise, to wit: whether such Application will be deemed an Act of the temporary Government; so as to give date for the Commencement of its Existence at the End of sixty days therefrom; or whether it will be an extra Act, in its Nature preliminary to, and, therefore, not an Act done, by the temporary Government as such under the Act instituting the same, and consequently having no relation to the sixty days? I am clearly of the latter Opinion. This Opinion will, I apprehend be justified by a Comparison of the two Acts; For,

1st The Title of the first Act is "to provide for the temporary Government of the Southern parts of this State, whenever the Enemy shall, abandon or be dispossessed of the same, and until the Legislature can be reconvened. The scored Lines clearly shew to what Interval of Time the temporary Government must necessarily & only apply.

2dly The preamble of the Act conveys exactly the same idea by expressly reciting that some Time will necessarily intervene between the Abandonment by, or dispossession of the Enemy, of the Southern districts, and the Meeting of the Legislature thereafter, and the Necessity of providing as well for the public peace, during that interval, as to give the Inhabitants an Oppor tunity for Election. Those two things are, therefore, the express

Objects of the Act.

3dly then the enacting clause establishes the temporary Government; and details such powers and Authorities as can only exist in such Interval as aforesaid, after & only after, the Abandonment by, or dispossession of the Enemy. But

4thly The proviso is conclusive, because it expressly provides That the powers & Authorities of the temporary Government, and their Ordinances shall become void on the 60th day after they shall first meet, after an Abandonment by or dispossession of the Enemy, or on the first day of the meeting of the Legislature after such abandonment or dispossession, which shall first happen. Here, Sir, You will observe that I have a little transposed the Members of the proviso to render its Sense more clear; but without, in the least, altering the Sense. The Conclusion necessary from this just Analysis of the Act is, that the Authority of the temporary Government must commence upon & not before an Abandonment by, or dispossession of the Enemy.

You will be pleased, Sir, to permit Me, in the next place, to detain you a little on the supplementary Act. Nothing can be collected from the Title of this Act, but that it is a Supplementary Act to the other; nor indeed from the preamble, more, than that there is a prospect that peace will soon take place; that in such Case the Southern district may be speedily evacuated, and that Contingencies may happen which are not provided for by the former Act. And, therefore, it enacts that the Governor and the persons appointed by description of Office by the former Act, to which it refers, only for the designation of the persons, are empowered to make a Convention for the purpose of gaining possession; which Convention and the Acts leading to it, must necessarily proceed, be distinct from, & preliminary to the temporary Government; which, on this Comparison of the two Acts, will be left to commence and end as by the proviso of the first Act, in the same Manner as if the supplementary Act had never passed. But if any doubt of the propriety of this Construction could possibly remain, the proviso in the supple

mentary Law makes my Reasoning amount to mathematical demonstration. For it provides "that such Convention or Conventions shall not continue in force for any longer time than, until the British Troops shall actually leave this State; i. e. to the Commencement of the temporary Government."

Thus, Sir, You have my Sentiments upon the two important Subjects of this Letter; a Summary of which is:

1st That some such proclamation as is inclosed should be immediately issued by your Excellency.

2dly That the three propositions above mentioned should be reduced to form, by such Advice as aforesaid.

3dly That the proclamation and three propositions should be distinctly reduced to writing and properly authenticated, and sent without a Moment's delay by some fit person to Sir Guy Carleton.

4thly That such person should be simply instructed to procure Leave of Sir Guy, to make full publication of the proclamation in such parts of the Southern district as are within his power, and to wait a short Time for his Answer; yet

5thly That he should also be instructed to make the first proposition, wait an Answer; if in the Negative make the second; and so with the third, asking an Answer in Writing to each. These Sentiments, Sir, I should have been verbally delivered had my health permitted my attendance at the former Meeting.

Upon the whole I beg leave to urge this business as a matter of the utmost Importance & most pressing Necessity should any delay take place, and the ill Consequences result from it at which I have hinted, those of us who are intrusted with the Execution of both Laws, may incur the Censure of our Constituents. Should your Excellency think proper to call an immediate Meet

ing, and my health will permit, I shall attend it. Should it be otherwise, this and my former Letter and their respective Inclosures will detail my Sentiments in full, on the so important Subjects.

I have the honor to be with great Respect & esteem, Your Excellency's most obedient Servant

Jno. Morin Scott.

P. S. As Mr. Benson is absent, I think Colonel Malcom is as proper a person as I know, to send; and from Conversation with him, I believe he will willingly go on the Business, should it be thought necessary.

His Excellency Governor Clinton.

Whereas I have been well informed that many Subjects of this State, who during the War between these United States and Great Britain, have had their fixed Residence in parts of this State out of the British Lines, have on the prospect that a peace will speedily take place imprudently gone within the said Lines, and held Intercourse there, contrary to the duty of their Allegiance to this State, I do hereby strictly charge and require all such persons forthwith to return from within the said Lines; and that they and all other persons residing out of the said Lines in other parts of this State, hereafter abstain from going within the same without my License, until the final Ratification of a Peace shall be duly proclaimed within & by the Government of this State, and until the parts of the Southern district now within the said Lines, shall be evacuated by the said British Troops, as the delinquents may expect to answer for the contrary at their peril according to the Law of the Land Given &c

Messrs. Hamilton and Floyd Transmit to Governor Clinton the Resolutions of Congress Ratifying the Preliminary Treaty of Peace.

Philadelphia, April 23d 1783

Sir, We have the honour to Inclose Your Excellency a Copy of the Resolution passed on the fifteenth Instant relative to a Ratification of the Preliminary Treaty, the Reception of the posts in