[Docket, rotated: Israel Whelen / 29^th March 1799 / [undecipherable] / [undecipherable]] [Addressed to: Samuel Hodgdon Esquire / Genl.] Philadelphia March 29^th 1799 Sir Agreeably to the request contained in your letter of yesterday I will state as correctly as I can, what I meant to convey to you in the conversation I held with you some time since — from some expressions which fell from you I took up the idea that a suit was to be instituted for the recovery of the Powder due to the United States and, the embezlement of the Salt-Petre stored at the Powder Mills near Frankford And I expressed a wish that if this were intended, I might previous to its being done have an opportunity of stating my peculiar situation, in the hope that, as the prosecution of such a suit against me, divested as I was of all property, could be of no possible use or advantage to the United States, it would not be insisted on. That although strictly speaking I might be legally answerable for the Powder due to the United States, yet I was conscious that no blame could attach to me respecting it, that nearly if not quite the whole quantity contracted for had been once delivered, and after I found a part had been returned to M^r. Miller as not equal to the contract, I had previous to my leaving Town in the Spring of 1796, with much anxiety procured Salt petre to replace it, that I had once informed you the powder was ready, but the ill health in which I found myself, compelled me to go into the country without attending further to it; I also stated that on my mentioning this to M^r. Miller he was dissatisfied that I had so done, as powder was in demand tho. expected to fall in price, that M^r. Miller had at that time near fifty tons of Nitre in his possession belonging to himself, and in the course of the ensuing summer he obtained thirty or forty tons more but part was to be paid for in Powder so that knowing his ability to pay it, if you called in consequence of what I said to you, he probably evaded payment; That after my return from Virginia M^r. Miller assured me the powder was nearly all delivered. That with respect to the Nitre belonging to the Public, I doubted if I were legally answerable for it; however if the Attorney of the United States upon being made fully acquainted with the circumstances, thought otherwise, I should submit, as I had no inducement to stand a contest, the event of which though it could not benefit the United States, might yet preclude me from doing any thing for the support of a very numerous family — I then mentioned that I never had any thing to do with the management of the Powder Mills, or considered myself as entitled to give any orders respecting them or any part of Millers property or business as manufacturing powder, no agreement respecting it was made, but at the end of the year, Miller proposed that in consideration of the Capital which I furnished, no rent should be charged for the [undecipherable: probable reading houses] in Town, and only — the the Wages of the workmen at the Mills, and that no other charge had to my knowledge ever been made, that with respect to every other part of his Estate near Frankford, I had nothing to do with it in any manner or way whatsoever, and with the Powder Mills, only as aforesaid — That with respect to the firing of the Nitre belonging to the public, I was never consulted about it, nor did I know of it untill some time after it took place, the impression on my mind seems more than two weeks, but I cannot be certain; when I did know of it I represented [margin: to M^r. Miller] the disagreeable situation he would find himself in if any accident happened to the Mills as it might endanger the Nitre, and I mentioned to you that I had, in the presence of M^r. Francis mentioned that if an accident happened to the Mills, the buildings in which the Nitre was stored might be in danger — M^r. Francis however with whom I have since conversed, says I am mistaken, that if I had said any thing like it when he was by, it was impossible he should forget it & he recollects no thing like it — whether M^r. Francis or myself is mistaken I will not undertake to determine, I place full reliance on his veracity & integrity, yet the strong impression I feel on my own mind, of it, and of M^r. Millers blaming me for attempting to make him uneasy & of my replying to M^r. Miller that he did not keep large quantities of his own Nitre there, induce me to state it agreeably to that impression, I know not that it is of any consequence, no injury, arose from the source I was uneasy about, I had no fears respecting the injury that has arisen — I recollect further that Miller affected to laugh at my timidity about the Mills, in fact I never was but a very few times in or near them. I find on enquiry that several tons of our Nitre were frequently stored in some of the buildings there, that whenever the quantity of Powder there became considerable, it was hauled in and the waggons in return loaded with the Nitre The precise time when the Nitre was used by Miller or any thing more respecting it, is unknown by me; it never was taken by my consent knowledge or connivance from a conversation I had with Millers foreman lately, I am induced to believe it was worked up in the Spring or summer of 1797, And I think it was in the Spring of that year that I was requested by Miller to speak to M^r. Francis in his favor that he might contract with him for Manufacturing it; I had heard them several times conversing about it, and at length Miller spoke to me as before, though for some time previous to this he had avoided me and declined holding any conversation with me if he could help it. I accordingly applied to M^r. Francis, [strikethrough: that] and told him that though Miller since he got into difficulties had considered me as his enemy yet it was far from being the case, and though I did not approve his conduct in every instance yet I believed he would if he contracted with him, faithfully comply with his contract — M^r. Francis's reply, as well as I can recollect was, that he had no directions to get the Nitre made up, that he had always intended if he had any thing to do with it, to give M^r. Miller a preference provided, he would do it as cheap and as well as another — this I think was about 14 months after M^r. Miller & myself had dissolved our partnership by written contract, by which he was allowed to use the name of the firm for six months, and about four months after the dissolution of the partnership had been published in the Newspapers, which first produced M^r. Millers resentment towards me — I know it is difficult to state conversations or circumstances that happened so long ago, and which were not considered as of importance at the time they passed or took place — the foregoing is the best & most correct statement I can form after reflecting much on them — I am with respects your friend &c Israel Whelen