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Brief amici curiae of 19 Former Chancellors of the University of California filed. Brief amici curiae of American Psychological Association, et al. Brief amicus curiae of American Educational Research Association filed. Brief amici curiae of Senators Edward M. Kennedy, et al.

Brief amici curiae of Brennan Center for Justice, et al.

Federal Records Guide: Alphabetical Index - D

Brief amici curiae of National Education Association, et al. Brief amici curiae of National Collegiate Athletic Association, et al. Brief amici curiae of American Council on Education, et al. Brief amicus curiae of Prichard Committee for Academic Excellence filed. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED, and the time is to be divided as follows: 15 minutes for the petitioner and 15 minutes for the Solicitor General.

Reply of petitioner Crystal D. For petitioner: Teddy B. Gordon, Louisville, Ky. For respondents: Francis J.

Mellen, Jr. Preston, and the 18 months Militia, will be a useful reinforcement to you, and shall continue to divide our attention both as to Men and Provisions between the Army in your Front and that which is posting itself within our own Country.


On the 23d. The horse were proceeding up the road at the time of our last intelligence. The residue of their force remains still on board. The unarmed state of the people leaves it not in our power to say precisely when one hundred horse will be stopped. The few who have arms have turned out with the greatest alacrity, but they are not of a nature proper to oppose horse. Our cartridge paper has been nearly exhausted by the Southern army, and Cartouch boxes which we had bought in Baltimore we have reason to believe were on their way down the bay when the enemy came in and have probably fallen into their hands.

The want even of these small articles will be of great disadvantage. The spirit which has shown itself among the people on this occasion has given me the greatest pleasure, but I must notwithstanding assure you Sir that if great supplies of arms are not immediately sent on there is no event which may not be expected. Hamilton for New York. On some representations received by Colo.

By this express I hand on from Genl Gates to Congress intelligence of the capture of Augusta in Georgia with considerable quantities of goods; and information which carries a fair appearance of the taking of George Town in So Carolina by a party of ours, and that an army of French or Spaniards had landed at Sunbury.

This is the more credited as Cornwallis retreated from Charlotte on the 12th inst with great marks of precipitation. Edition: current; Page: [ 67 ] Many circumstances have led to this necessity. It will be utterly impracticable as long as they remain with us to prevent the hostile army now in this state from being reinforced by numerous desertions from this corps and this expectation may be one among the probable causes of this movement of the enemy.

Should moreover a rescue of them be attempted the extensive disaffection which has been lately discovered, and almost total want of arms in the hands of our good people render the success of such an enterprize by no means desperate. The fear of this and of other dangerous convulsions to which such an attempt would expose us, diverts the attention of a very considerable part of our militia from an opposition to the invading enemy.

An order has therefore been this day issued to Colo Wood to take immediate measures for their removal, and every aid has been and will be given him for transporting, guarding and subsisting them on the road which our powers can accomplish. Notice hereof is sent by the present conveyance to his Excellency Govr. Lee, on whose part I doubt not necessary preparations for their reception will be made.

I fear we have lost 2, cartouch Boxes on the Bay which we had made at Baltimore. Our distress for these is also very great. Muskets being really useless without them, I must entreat the greatest dispatch in forwarding these Articles. A very dangerous Insurrection in Pittsylvania was prevented a few days ago by being discovered three days before it was to take place. The Ringleaders were seized in their Beds. The rest of the state turns out with a spirit and alacrity which makes me perfectly happy.

If they had arms there is no effort either of public or private Enemies in this state which would give any apprehensions. Our whole arms are or will be in the hands of the force now assembling. Those at hampton, after committing horrid depredations have again retired to their ships, which, on the evening of the 26th were strung all along the road from Newportsnews to the mouth of Nansemond, which seems to indicate an intention of coming up the James river. Would it not be worth while to send out a swift boat from some of the inlets of Carolina to notify the french Admiral that his enemies are in a net if he has leisure to close the mouth of it?

Generals Muhlenburg and Nelson are assembling a force to be ready for them, and General Weedon is come to this place where he is at present employed in some arrangements. We have ordered the removal of the Saratoga prisoners that we may have our hands clear for these new Guests.

More accurate information of their force than we at first had, gives us reason to suppose them to be from to of which between 60 and 70 are cavalry.

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They are commanded by General Leslie and were convoyed by the Romulus of 40 guns, the Blonde of 32, the Delight sloop of 16, a 20 gun ship of Inc. Goodrichs and two row gallies: commanded by Commodore Gayton. We are not yet as assured that they have landed their whole force, indeed they give out themselves that after drawing the force of this state to Suffolk, they mean to go to Baltimore.

Their movements here had induced me to think they came in expectation of meeting with Lord Cornwallis in this country, that his pricipitate retreat has left them without a concerted object, and that they were waiting further orders. The fate of this army of theirs hangs on a very slender naval force indeed. The want of Barracks at Fort Frederic, as represented by Colo. Wood, the difficulty of getting waggons sufficient to move the whole convention troops Edition: current; Page: [ 71 ] at once, and the state of unreadiness in which the regiment of guards is have induced us to think that it will be better to remove those troops in two divisions: and as the whole danger of desertion to the enemy and of correspondence with the disaffected in our Southern Counties, is from the British only for from the Germans we have no apprehensions on either head we have advised Colo Wood to move on the British in the first division and to leave the Germans in their present situation to form a second division, and to be moved so soon as barracks may be erected at Fort Frederic.

I cannot suppose that this will be deemed such a separation as is provided against by the Convention, nor that their officers will wish to have the whole troops crowded together into barracks, which probably are not sufficient for half of them. Should they however insist on their being kept together, I suppose it would be the opinion that the second division should follow the first as closely as possible, and their being exposed to a want of convering would in that case be justly imputable to themselves only.

The delay of the second division will lessen the distress for provisions which may perhaps take place on their first going to the new post before matters have got into a regular train.

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By a letter from Colo. He does not mention Edition: current; Page: [ 72 ] the present number of the Germans. In May last they were including officers. In doing this two circumstances happened to interfere with what had been expected. That there shoud be two companies of rifles only to each battalion: this was the advice of Genl. Morgan in a conversation with me. We have since dispensed with the last of these conditions and allowed every man to carry his rifle as we found that absolutely necessary to induce them to go.

I am much at a loss what shoud be done as to the prisoners taken at Kings Mountain. I do not think Montgomery Courthouse a good place, because it is very disaffected, it is too Edition: current; Page: [ 73 ] near their own country, and would admit their cooperation in any enterprize on our lead mines, which are about eight miles from thence. I have taken measures for continuing their march under a guard northwardly and in the meantime for receiving instructions from Congress where to terminate their journey.

The Germans will remain in Albemarle till accommodations can be provided for them in the same place. From them we have no apprehensions of desertion to the enemy. Some British were taken yesterday who are said to have been with the enemy and were returning to the barracks.

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Two or three days ago a british emissary from Portsmouth, was taken endeavouring to proceed towards Carolina. On a proposal to search him they observed him to put his hand in his pocket, and put something to his mouth like a quid of tobacco. On examination it was found to be a letter, of which the enclosed is a copy, written on silk paper, rolled up in gold beaters skin, and nicely tied at each end, the whole not larger than a goose quill.

Can you not take measures for finding out the other messenger to Lord Cornwallis who went by Land? The force we shall now immediately have together authorizes me to assure you, you need not apprehend their penetrating any distance southwardly. We have left all the counties south of James river, and nearer to Hillsborough than portsmouth uncalled on that they may be ready to go to the aid of our southern friends whenever arms can be procured. It was taken on a person endeavouring to pass through the Country from Portsmouth towards Carolina.

As this is the first authentic disclosure of their purpose in coming here and may serve to found with somewhat more of certainty conjectures of their future movements while their disappointment in not meeting with Ld. Cornwallis may occasion new plans at New York, I thought it worthy of being communicated to your Excy.


They were passing under the guise of deserters from Portsmouth. Braxton into the Continental treasury in Part of our Quota of the fifteen Million tax, the Execcutive having been Charged with the raising and remitting that money, we have thought it unnecessary to lay it before the Legislature. The sum to be sent, was sent, partly in Money, and Partly in Bills. Of this nature was Mr. If the treasurer has received payment in another kind of money at an arbitrary rate of Exchange, this must have been either under the Rules of his office or against them.

Had he rejected the Tender of the Hard Money would not Continental dollars have been paid? If they had not, then indeed the demand should have reverted on the State, and we would have fallen on means for compelling Edition: current; Page: [ 76 ] payment. We were really concerned on the return of our agent who carried the Money and Bills that he did not have them regularly protested as there appeared some doubts on them.

But he acted for the best in his own Judgment, and in that point of view was to be approved.

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I am exceedingly sorry that this want of Punctuality has a risen in these remittances. We sold Tobo. Had a tender of specie been made to us here we would certainly have rejected it. We do not therefore think ourselves concerned immediately in this transaction. It was the act of the drawee of which the Commonwealth had neither knowledge or Intimation; and this return fixing the act on the Commonwealth instead of the Drawee is so far wrong.

From the inclosed extract from a Letter from our Delegates in Congress you will also perceive that they suffer some inconvenience from precarious remittances.