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[Page 80]


Year 1767

I beg leave to observe here on the foregoing
questions, made in the Case

1st whether I have, or have not attended to the
Instruction? Messrs Jackson, & Rutherfurd say in their letter
dated the 18th day of May 1767 I exceeded the
Limitation of the price of flour, as specified in
the Instruction, relative to the Snow Anne, & rely
on the 2d Article in said Instruction   see said Instruction

My Commentary on it is that if the Agent
cannot procure wheat, so as to fill the Snow's
hold, then he is to give as high a price as 30s/
sterling per quarter for wheat rather than load that
part of the Snow with flour at any thing more
than 9s/6 sterling for each 112 lbs english weight
So that the Agent is directed to buy wheat if there
be none. I believe you will agree with me that the
Article is unintelligible; & therefor cannot
create a limitation in amy Case whatever
But in the present one the whole quantity of
wheat is bought at 28s/ sterling per quarter.

The words, which are above the red lines in the
Instruction I believe clearly evince, there be no
restriction of price, for wheat, flour, or Indian Corn
in said Instruction

2dly Whether the Ann's Cargo was not damaged
after put on board? She sailled from hence
in the month of January, & arrived at Leghorn
in April: And if the western Ocean is ever
tempestuous, & dangerous, it is in that part
of the year. Part of the grain was 96 daies on
board. Messrs: Jackson & Rutherfurd say in the 5th Article, line
20th, every Cargo of wheat loaded in the Pro
vinces of Pensilvania & Maryland, were heated
more or less when they arrived at Leghorn.

3dly Is it expected that ⅓, or ½ of the wheat
put on board the Anne, should have been kiln