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which present themselves as the first object of attack, are St. Eustatius and St. Martin's, neither of which, it is supposed, are capable of making any considerable resistance against such a land and sea force as you and the Admiral can send against them, if the attack be suddenly made, as I am sure it will be carried on with vigour and intrepidity; and as the enemy have derived great advantage from those islands, as it is highly probable considerable quantities of provisions and other stores are laid up there, or are upon their way thither, which may fall into our hands if we get possession speedily, it is the King's wish that you should consider the immediate attack and reduc-[426]-tion of those islands as a service of very great importance to his Majesty.

I am, Sir,

Yours, etc.

Geo. Germain

To his Excellency the Hon. Gen. Vaughan, etc. etc. etc.

Which orders were received by the said Sir George Brydges and John Vaughan, on the 28th day of January 1781. And that the said Sir George Brydges and John Vaughan being such Commanders as aforesaid, in obedience to the said orders proceeded, with his Majesty's fleet and the army on board the same under their command, to the said island of St. Eustatius, and on the 3d day of February, in the year 1781, arrived and came to anchor in the bay of St. Eustatius; and the said Sir George Brydges and John Vaughan, as the General Officers commanding in chief his Majesty's fleet and army as aforesaid, did, in his Royal name, summon the Governor of the said island to make an instant surrender of the said island and its dependencies, with every thing in and belonging thereto; whereupon the said Governor, on the same day and year last aforesaid, surrendered the same island and all its dependencies to the said Sir George Brydges and John Vaughan as such Commanders as aforesaid; who, in consequence of the said surrender, immediately took possession of the said island, and, on the 6th of March following, of the said goods, wares, and merchandises then being in the said houses, warehouses, and buildings, and then being of the value of £5689 10s. 4d. in the name and for the use of our said Lord the King, as prizes belonging to the enemies of our said Lord the King, or otherwise liable to confiscation; and on the 15th day of the said month sold the same. And that the said John Mitchell and John Guy had no knowledge of hostilities being commenced against the said States General, until the said 3d day of February 1781, when the said island was summoned to be surrendered as aforesaid. And that the said Sir George Brydges and John Vaughan afterwards, on the 10th day of November 1781, caused to be instituted a suit or proceeding before the Right Worshipful Sir James Marriot, Knt. and LL.D. his Majesty's Lieutenant of the said High Court of Admiralty, and in the same Court Official Principal, and Commissary General and Special, and President and Judge thereof, and also to hear and determine all and all manner of causes and complaints as to ships and goods seized and taken as prize, specially constituted and appointed, praying that all the goods, wares, and merchandises seized and taken by the said Sir George Brydges and John Vaughan, and the fleet and army under their command, upon the said surrender of the said island, might be pronounced to belong, at the time of the capture and seizure of the same, to the enemies of the Crown of Great Britain, and as goods of such enemies or otherwise, subject and liable to confiscation, and to be adjudged as and for good and lawful prize to our said Lord the King; which said suit or proceeding was, at the time of [427] the said verdict, depending; but whether, upon the matters aforesaid, so found by the said jury as aforesaid, the said Sir George Brydges and John Vaughan were guilty of the premises in the declaration mentioned, as the said John Mitchell and John Gay complained against them, or not; and whether the said John Mitchell and John Gay could maintain their said action against the said Sir George Brydges and John Vaughan, the said jurors were wholly ignorant, and prayed the advice of the court of the Lord the King thereon; and if, upon the whole matter so found as aforesaid, the said court should be of opinion, that the said Sir George Brydges and John Vaughan were guilty of the premises in the declaration mentioned, and that the said John Mitchell and John Gay ought to have or maintain their said action in that behalf against them; then the said jurors said, that