Boston March 13th. 1786.

Gentlemen in compliance with your request respecting this Petn. & State of Facts contained in it I have given all the attention to it which my Engagements at the Supreme Court would admit of & upon the whole it appears to me there are two chances in favour of a Condemnation, the first is that the place where I suppose it can be proved the Vessel Anchored & broke bulk was in this Cmnlth., perhaps it can be proved that She was nearer to the Island reputed to belong to us: if she was not anchored in a harbour of the Hampshire Island, I think she must be considered as being in this state as the water between the Islands if not divided must be in Commn, the 2d ground of confiscation I ground on the words as well as the spirit of the Nav. Act Vizt. “there shall not be landed from on board any ship &c any Goods &c in any Port &c” how tho the Goods seized were brought from the vessell into Nypt. in a Hamptons vessell, yet were they not truly landed from a british vessell and landed in a Port in this Cmnlth, were they ever landed till they got to Npt. I dont know that it is necessary for the Brit Vessell to be in Port she may be hoving off it—phaps the Law might be plaint but it never could be the Intention to allow Goods to be in upon us in that manner. I think therefore the libel had better be presented, to the Sup. J. Court & their Jud. will settle the matter.

Yr. hle. Servt., RTP

Dft. ; on verso of Hodge and Tufts to RTP, Feb. 18, 1786 (above).