The auditors do not conceive themselves authorized by Law to make any allowance to any assistant in the Quarter Master Department without the interposition of the Legislative or Executive as above mentioned.

[Endorsed:]

B. Stark

Hopkin's pet: November 24th; 1784: referred to claims: Referred to the Executive for settlement, Reported

PETITION OF MAJOR JOHN LEE.

To the honble the speaker & other members of the house of Delegates, The Petition of John Lee humbly sheweth, that your petitioner in the year 1775 was appointed an ensign in Capt John Green's company, enlisted eighteen men & in October following marched to Wmsbg, that some time in the month of November your petitioner with fifteen men was on guard at Jamestown, when two of the enemy's vessels sailed up James river on a plundering party, on their return in a very windy night one of them a large sloop struck on a sand bar, of which your petitioner had notice from a sentinel posted near the place, went with the guard & fired on her; after some considerable resistance her crew quited her & went on board the other vessel, having first set fire to her in several places upon which yr petitioner with the men under his command went on board extinguished the fire & took possession of the vessel, her riging & cargo, which consisted of a quantity of Ivory, beef & pork in barrells, ammunition & some other military stores, as soon as the capture of the vessel was notified a guard was put on board of her & being advised to take an inventory of her cargo & stores y petitioner went on board for that purpose, but the officer who then commanded the guard on board being older in command than your petitioner ordered him to desist saying that he then had the management of the vessel & wou'd take the proper steps with her. ye petitioner does not know nor does he believe that any inventory was taken. Sometimes after the vessel was fitted up for a cruiser for the State & was put under the command of Capt Edward Travers. In the spring of 1777 some part of the vessels riging was sold & your petitioner received eight

dollars for himself & party which is all yr petitioner ever has received although he was offered by Mr Wm Holt immediately after the capture the sum of five hundred pounds for the vessel &

cargo.

Your petitioner further respectfully sheweth that early in the year 1776 (being then a Lieutenant in the 1st Virga regiment.) he was appointed a Cap of Mareens to serve on board the sloop Liberty commanded by Capt Walter Brook & recruited twenty eight men for that service & continued on board that vessell 'till December following when the assembly then sitting passed an an act for raising three regts of infantry for the defence of this State & that the marine officers shoud compose a part thereof, whereupon y petitioner, being directed thereto by the executive, reinlisted about forty of the men who were under his command in the marine service & early in the year 1777 enlisted twenty other recruits & marched them to Wmsbg sometime about the month of June a regiment being formed out of the State troops to join in the grand army in the northern service occasioned some manoevering among the troops who expected to have been continued in this State, & the resignations of some of the officers upon which Capt John Allison & yr petitioner were appointed Majors, Capt Allison being the senior officer was assigned to the first & yr petitioner to the second regiments, which last was to continue in Garrison in the State. Yr petitioner being dissatisfied with this arraignment endeavoured through Col: Brent then commanding officer in Wmsbg to procure an exchange with Major Allison who was about to march to the northward, but being disappointed in this yr petitioner applied to the executive & obtained permission to march with the first regiment as a captain, preferring that post to a majority in a regt which was to remain in Virga from a conviction that he might render his country more service where there was a formidable enemy to contend with than by continuing in garrison where none probably woud be seen. He accordingly marched to Headquarters with the first regt & served in it as a captain 'till the spring of 1778 when the 24 Regt joined the army at Valey Forge and yr petitioner received for commission & took rank as major in that regiment. In the winter of seventy-nine,

& eighty being ordered to the southward yr petitioner returned to Virga joined the troops at Petersburg, & by order of Gen1 Muhlenburg marched with a detachment under command of Col: Buford & joined the southern army then commanded by Gen1 Gates, where your petitioner continued 'till late in the fall, when he was sent back to Virga with some dispatches, & continued with the troops till sometime in the year 1781, when the State troops who had enlisted for the war were separated from those of the Continental line & not being sufficient in number to form two compleat regiments the command of them was given to the senior Lieut Col. Dabney & the other senior officers. Yr petitioner conceiving himself to be the oldest Major in that line contended for his right but was informed by Col: Dabney that the Governor had given the Major's command to Capt. Alexander Dick whereupon yr petitioner knowing that Capt Dick had been an officer in the Marine service, had not recruited a man nor had any command in either of the State regiments, wrote to the Governor informing him of these circumstances & requested a board of officers to determine the right between Capt Dick & himself. Your petitioner was promised that this enquiry should be made, but being taken very sick he was obliged to leave camp, retire into the country for his health & before he was able to return to Camp & pursue his right the State Troops were discharged. Yr petitioner humbly conceives that as to the first part of his claim, nothing can be more just than he should receive some retribution for the loss of the vessell which though it unquestionably belonged to him & those who assisted in the capture was taken from them & applied to the use of the State. To this application yr petitioner claims he has been thus tedious to shew that he was among the first who embarked in his country's cause, that his unceasing efforts to promote its interest have been made with alacrity, that his retirement from the army, if being prevented from pursuing his right by an ill state of health can be conceded as such, was not the effect of his own wishes, and that upon principles of general justice or of individual right, he is equally entitled with most who have received & who expect to receive the bounty of their country. Your petitioner therefore prays that he may be paid his proportional part

of the value of the vessel & cargo above alluded to & that a certificate may issue to him for the payment of his commutation, and as on duty bound yr petitioner will ever pray &c. &c.

[Endorsed :]

Lee's Petition 4th Ma. 1791, refd to Claims

John Lee's Petition, Vessel rejected, copd 30., 91, Winton

PETITION OF DR. JOSEPH HAY.

To the Honle the Speaker & house of Delegates

The Petition of Joseph Hay Sheweth

That your Petition was appointed surgeon's Mate in the Virginia State Hospital at the commencement of the war, that he was afterwards appointed apothecary to the said Hospital & continued in that situation till the dissolution of the Hospital, that he was afterwards appointed Surgeon to the said Hospital on its reestablishment under the Direction of Dr Pope & was made Supernumerary in November 1781 after the Capture of York-Your Petitioner begs leave to observe that he was in actual service upwards of five years, & that every other Surgeon of the said Hospitals has been allowed a Bounty in Lands except Himself.

Your Petitioner therefore prays this Honbl House will take his case into their consideration & will allow him the same Bounty in lands that has been allowed to the other Surgeons in the same Hospital & of the same Rank & Yr Petitioner &c

J. Hay

[Endorsed:] Hay's Petition, 11th Oct 1792; to Props 16th Oct 1792, Reasonable, Reported.

PETITION OF JOHN LAMBERT.

To the honourable, the general assembly of the commonwealth of Virginia.

The petition of John Lambert, a subject of the king of Great Britain, humbly sheweth:

That John Harmer, formerly the burgess of the City of Williamsburg in this commonwealth, where he has resided for many years and carried on trade in perfect friendship and with the

attachment of the people (as many now alive can testify): had long before the late war removed to Great Britain, and there continued to cultivate his former regard to the people of Virginia: that he possessed several very considerable estates in Virginia; all of which were supposed; in strictness, to come within the confiscation law: that the said John Harmer, conscious, that he could shew, as is well known, by many respectable citizens of this State, how strongly he had deprecated the American war, and labored, as far as in him lay to prevent it, determined, notwithstanding the war, to send his brother George Harmer over to solicit a restitution of his estate: relying upon the indulgence, for which his conduct had entitled him to hope from the general assembly that the said George Harmer presented his petition for that purpose, and obtained the restitution of whatsoever part of the said John Harmer's estate was conceived to be unsold, as well as a sum of money for a limited time; which facts will be proved by a law of the land: that from some cause or other; perhaps from the ignorance of the said George Harmer of any portion of the said George Harmer's estate remaining unsold, except what he particularly marked out, he did not obtain restitution of about eight hundred acres of land in the county of Amherst, on which an inquisition had been found but no sale had taken place: that the said John Harmer is now dead, having left your petitioner his heir at law, and devisee of the said land: that the said John Harmer, trusting to the justice of Virginia, never applied for and never received the smallest compensation for his property from the British government. Your petition therefore prays that the right of the commonwealth, whatsoever it may be, may be released to him; and as in duty bound he will pray &c.

Lambert's petition

[Endorsed:] Dec 13. 1798 Cts Justice.

Decem 26th 1798.

rejected.

PETITION OF WILSON MILES CARY.

THE honourable the speaker, and gentlemen, of the House of Delegates, the petition of Wilson Miles Cary humbly sheweth,