Book II, folio 286.

_181. Commission of a Vice-Admiralty Judge. June 16, 1753._[1]

[Footnote 1: South Carolina Admiralty Records, vol. E-F, p. 55. See doc. no. 180, note 4.]

George the Second by the grace of God of great Britain, France and Ireland King, Defender of the Faith, To our beloved James Michie Esquire, Greeting. We do by these Presents make, Ordaine, nominate and appoint You the said James Michie Esquire to be our Commissary[2] in our Province of South Carolina and Territories thereunto belonging in the room of the former deceased, hereby granting unto you full Power to take Cognizance of and proceed in all Causes Civil and Maritime and in Complaints, Contracts, Offences or suspected Offences, Crimes, Pleas, Debts, Exchanges, Policies of Assurance, Accounts, Chartreparties, Bills of Lading of Ships and all Matters and Contracts which [in] any Manner whatsoever relates to Freights due for Ships hired and let out, Transport Money or maritime Usery (otherwise Bottomary) or which do any Ways concern Suits, Trespasses, Injuries, Extortions, demands and affairs Civil and maritime whatsoever, between Merchants, or between Owners and Proprietors of Ships and all other Vessells whatsoever imployed or used or between any other Persons howsoever had, made, began or contracted, or [any] Matter, Cause or Thing, Business or Injury whatsoever done or to be done as well in, upon or by the Sea or public Streams, or fresh Water, Ponds, Rivers, Creeks and Places Over flowed whatsoever within the Ebbing and flowing of the Sea or high Water Mark as upon any of the Shores or Banks adjoining to them or either of them, together with all and singular their Incidents, emergencies, Dependencies, annexed and Connexed causes whatsoever, and such Causes, Complaints, Contracts and other the Premises abovesaid or any of them howsoever the same may happen to arise, be contracted, had or done, To hear and determine (according to the civil and maritime Laws and Customs of Our High Court of Admiralty of England) in our said Province of South Carolina and Territories thereunto belonging whatsoever, and also with Power to Sit and Hold Courts in any Cities, Towns and Places in our Province of South Carolina aforesaid, for the hearing and determining of all such causes and Businesses together with all and singular their Incidents, Emergencies, Dependencies, annexed and connexed Causes whatsoever, and to proceed judicially and according to Law in administring Justice therein, And moreover to compell the Witnesses in case they withdraw themselves for Intrest, Fear, Favour or ill Will or any other Cause whatsoever, to give Evidence to the Truth in all and every the Causes above mentioned according to the Exegencies of the Law, And further to take all manner of Recognizances, Cautions, Obligations and Stipulations as well to our use, as at the Instance of any parties for Agreements or Debts and other Causes and Businesses whatsoever, and to put the same in execution and to cause and command them to be executed. Also duly to search and inquire of and concerning all Goods of Traitors, Pirates, Manslayers, Felons, Fugitives and Felons of themselves[3] and concerning the Bodies of Persons drowned, killed or by any other means coming to their Death in the Sea or in any Port, Rivers, Public Streams or Creeks and Places overflowed. And also concerning Mayhem happening in the aforesaid Places, and Engines, Toyls and Nets prohibited and unlawful and the Occupiers thereof, And Moreover concerning Fishes Royal, namely Whales, Hoggs, Grampusses, Dolphins, Sturgeon and all other Fishes whatsoever which are of a great or very large Bulk or Fatness, by Right or Custom any Ways used belonging to us and to the Office of our High Admiral of England, and also of and Concerning all Casualties at Sea, Goods wrecked, Flotson and Jetzon, Lagen, Thares [?], Things cast overboard and wreck of the Sea, and all Goods taken or to be taken as Derelicts[4] or by chance [found or] to be found, And all other Trespasses, Misdemeanors, Offenses, Enormities and maritime Crimes whatsoever done and committed or to be done and committed as well in and upon the high Sea as all Ports, Rivers, Fresh Waters and Creeks and Shores of the Sea to high Water Mark, from all first Bridges towards the Sea, in and throughout our said Province of South Carolina, and Maratime Coasts thereunto belonging, howsoever, wheresoever or by what Means so ever arising or happening, and all such Things as are discovered and found out as allso all fines, Mulcts, amercements and Compositions due and to be due in that Behalf To tax, moderate, demand and collect and levy and to cause the same to be demanded, levied and collected, and according to Law to compose and command them to be paid, and also to proceed in all and every the Causes and Business above recited, and in all other Contracts, Causes, Contempts and Offences whatsoever, howsoever contracted or arising (so that the Goods or Persons of the Debtors may be found within the Jurisdiction of our Vice Admiralty in our Province of South Carolina aforesaid) according to the Civil and Maritime Laws and Customs of our said high Court of Admiralty of England anciently used, and by all other lawful Ways, Means and Methods according to the best of your Skill and Knowledge, And all such Causes and Contracts to hear, examine, discuss and finally determine (saving nevertheless the Right of appealing to our aforesaid High Court of Admiralty of England, and to the Judge or President of the said Court for the time being, and saving always the Right of our said high Court of Admiralty of England, and also of the Judge and Register of the same Court, from whom or either of them it is not our Intention in any thing to derogate, by these Presents) and also to arrest and cause and command to be arrested all Ships, Persons, Things, Goods, Wares and Merchandizes for the Premisses and every of them and for other Causes whatsoever concerning the same wheresoever they shall be met with or found within our Province of South Carolina aforesaid and the Territories thereof, either within Liberties or without, And to compel all manner of Persons in that behalf, as the Case shall require, to appear and to answer, with Power of using any temporal Coertion and of inflicting any other Penalty or Mulct according to the right Order and Courses of the Law, summarily and plainly, looking only unto the Truth of the fact. And we impower you in this Behalf to fine, correct, punish, chastise and reform and imprison and cause and command to be imprisoned, in any Gaols being within our Province of South Carolina aforesaid and maritime places of the same, the Parties guilty and Violators of the Laws and Jurisdiction of our Admiralty aforesaid and Usurpers, Delinquents, and contumacious Absenters, Masters of Ships, Mariners, Rowers, Fisher men, Shipwrights and other Workmen and Artificers whomsoever exercising any kind of maritime Affairs as well according to the aforesaidmentioned civil and maritime Laws and Ordinances and Customs aforesaid and their Demerits As According to the Statutes and Ordinances aforesaid and those of our Kingdom of Great Britain for the Admiralty of England in that behalf made and Provided, And to deliver and absolve, to discharge and Cause and Command to be discharged, whatsoever Persons imprisoned in such cases, Who are to be delivered, and to promulge and interpose all manner of Sentences and Decrees and to put the same in Execution, with Cognizance and Jurisdiction of whatsoever other Causes, Civil and Maritime, which relate to the Sea or which any Manner of ways respect or Concern the Sea or passage over the Same or Naval or Maritime Voyage performed or to be performed or the Maritime Jurisdiction above said, with power also to proceed in the same According to the Civil and Maritime Laws and Customs of aforesaid Court anciently used, as well those of meer Office Mix'd or promoted[5] as at the Instance of any Party, as the Case shall require and seem Convenient. And we do by these presents, which are to continue during our Royal Will and pleasure only, Further give and grant unto you James Michie Esq., Our said Commissary, the Power of taking and receiving all and every the wages, fees, Profits, Advantages and Commodities whatsoever in any manner due and anciently belonging to the said Office, According to the Custom of our High Court of Admiralty of England, Committing unto you our Power and Authority Concerning all and Singular the Premises in the several places above Expressed (Saving in all the Prerogative of our said High Court of Admiralty of England aforesaid) together with power of Deputing and Surrogating in your place for and Concerning the premisses one or more Deputy or Deputies as often as you shall think fit. Further we do in Our Name Command and firmly and Strictly Charge all and Singular Our Governors, Commanders, Justices of the Peace, Mayors, Sheriffs, Marshalls, keepers of all our Goals and Prisons, Bailiffs, Constables and all other our officers and Ministers and faithful and Leige Subjects in and throughout our aforesaid Province of South Carolina And Territories thereuntobelonging That in the Execution of this our Commission they be from time to time Aiding, Assisting and yield due Obedience in all things as is fitting, unto you and your Deputy Whomsoever, under pain of the Law and the Peril which will fall thereon. Given at London in the High Court of Our Admiralty of England aforesaid under the Great Seal thereof the Sixteenth Day of June in the Year of our Lord One Thousand Seven and fifty three and of our Reign the twenty sixth.

SAML. HILL, Register.[6]

[Footnote 2: Civil law judge.]

[Footnote 3: Suicides.]

[Footnote 4: Flotsam, goods found floating on the water from a wreck; jetsam, goods thrown overboard from a ship which has perished; legan, heavy goods thrown overboard with a line and buoy to mark where they have sunk; derelicts, vessels abandoned on the seas.]

[Footnote 5: _I.e._, cases where there was no one corresponding to the plaintiff in a suit at common law, but where the judge proceeded, as an exercise of his own duty (mere office) or on being promoted (incited) thereto by an informer.]

[Footnote 6: Register of the High Court of Admiralty.]

_182. Warrant to try Prizes. June 5, 1756._[1]

[Footnote 1: South Carolina Admiralty Records, vol. E-F, p. 115. This warrant is there entered in the records of the admiralty court for Nov. 22, 1756, the judge, James Michie (see the two preceding documents), presiding. Great Britain had declared war against France on May 18, 1756. A similar warrant is in Anthony Stokes's _View of the Constitution of the British Colonies_ (London, 1783), p. 280.]

By the Commissrs. for Executing the Office of Lord High Admiral of Great Britain and Ireland etc.

Whereas his Majesty had declared Warr agt. France we do in Pursuance of His Majesty's Commissn. under the great Seal of Great Britain dated fourth day of this instant June (a Copy whereof is hereunto Annexed) hereby will and require the Vice Admiralty Court of South Carolina, and the vice Admirall, or his Deputy, or Judge of the said Court, or his Deputy, now, and for the time being, to take Cognizance of, and Judicially to proceed upon all and all manner of Captures, Seizures, Prizes and reprizals of all Ships and goods already Seized and taken, and which hereafter may be seized and taken, and hear and determine the same and according to the Course of Admiralty and Law of Nations, to adjudge and Condemn all such Ships, Vessels and Goods as shall belong to France or the Vessels and subjects of the French King, or to any other inhabiting within any of his Countries, Territories or Dominions, and all such other Ships, Vessels and Goods as are or shall be liable to Confiscation pursuant to the respective Treaties between his Majesty and other Princes, States and Potentates which shall be brought before them for Trial and Condemnation, And for so doing this Shall be their sufficient Warrant. Given under Our Hands and Seal of the Office of the Admiralty this fifth day of June 1756 and in the twenty ninth year of His Majestys Reign.

ANSON.[2] BATEMAN. R. EDGCUMBE.

[Footnote 2: Lord Anson, the celebrated admiral, was at this time first lord of the admiralty. The other commissioners signing were John, second viscount Bateman, an Irish courtier, and Richard Edgcumbe, afterward the second Baron Edgcumbe, celebrated as a dissipated wit.]

To the Vice Admiralty Court of South Carolina and the Vice Admiral or his Deputy or the Judge of the said Court or his Deputy, now, and for the time being.

By Command of their Lordships J. CLEVLAND.[3]

[Footnote 3: John Clevland, secretary to the Admiralty 1751-1763.]

_183. Standing Interrogatories. 1756._[1]

[Footnote 1: From Anthony Stokes's _View of the Constitution of the British Colonies_ (London, 1783), pp. 284-288; already in print, but inasmuch as the most learned of American admiralty judges told the editor of this volume that he had never seen a set of the standing interrogatories, that were used at this period, it seems not superfluous to print one here. Later sets, more elaborate, as used in 1798, may be found in Christopher Robinson's _Admiralty Reports_, I. 381-389, and in Marriott, _Formulare Instrumentorum_ (London, 1802), pp. 130-148. Since in civil-law procedure witnesses were not examined orally in open court, but all testimony was obtained in the form of written depositions, it was advisable in prize proceedings, in order that examinations might be thorough and searching, to employ standard sets of questions, ready-made. Anthony Stokes (1735-1799), from whose book the present specimen is taken, was an English or Welsh lawyer, practised law in Antigua and St. Christopher 1763-1769, and was chief-justice of Georgia, 1769-1776, 1779-1782, then retired to England as a loyalist. His book contains many specimens of documents used in proceedings before the vice-admiralty courts in the colonies.]

_Antigua._ _Interrogatories_ administered to witnesses _in preparatorio_, touching In the Court of Vice and concerning the seisure and taking Admiralty. of a certain Schooner, named _Princess of Orange_, alias _Flying Fish_, whereof Casparus Wyneburgh was Master, by the private Schooner of War _Mary_, whereof Edward Richards is Commander.

1. Where was you born, and where do you now live, and how long have you lived there, and where have you lived for seven years last past? are you subject to the Crown of Great Britain, or of what Prince or State are you a subject?

2. When, where, and by whom was the schooner and lading, goods and merchandises, concerning which you are now examined, taken and seised, and into what place or port were the same carried? whether was there any resistance made, or any guns fired against the said schooner, or persons who seised and took the same, and what and how many, and by whom?

3. Whether was you present at the time of the taking or seizing the schooner and her lading, goods and merchandises, concerning which you are now examined, or how and when was you first made acquainted thereof? whether was the said schooner and goods taken by a man of war, or a private man of war, and to whom did such man of war, or private man of war belong? had they any commissions to act as such, and from and by whom, and by what particular vessel, or by whom was or were the said schooner seized and taken? to what kingdom, country, or nation did the said schooner so seized and taken belong, and under the colours of what kingdom, country, or nation did she sail at the time she was so seized and taken? was the said schooner, which was taken, a man of war, privateer, or merchantman?

4. Upon what pretence was the said schooner seized and taken? to what port or place was she afterwards carried? whether was she condemned, and upon what account, and for what reason was she condemned, and by whom, and by what authority was she so condemned?

5. Who by name was the master of the vessel concerning which you are now examined, at the time she was taken and seized? how long have you known the said master? who first appointed him to be master of the said schooner, and when did he take possession thereof, and who by name delivered the same to him? where is the said master's fixed place of habitation with his wife and family, and how long has he lived there? what countryman[2] is he by birth, and to what Prince or State subject?

[Footnote 2: _I.e._, of what country.]

6. What number of mariners belonged to the said schooner at the time she was taken and seized? what countrymen are they, and where did they all come on board? whether had you, or any of the officers or company, or mariners, belonging to the said schooner or vessel, any part, share, or interest in the said schooner concerning which you are now examined, and what in particular, and the value thereof, at the time the said schooner was so taken, or the said goods seised?

7. Whether did you belong to the schooner or vessel concerning which you are now examined, at the time she was taken and seized? how long had you known her? when and where did you first see her? of what burthen was she? how many guns did she carry? and how many or what number of men did belong to, or were on board the said schooner at the time she was taken, or at the beginning of the engagement before she was taken? and of what country building was she? what was her name, and how long had she been so called? whether do you know of any other name she was called by? and what were such names, as you know or have heard?

8. To what ports and places was the said schooner or vessel concerning which you are now examined bound, the voyage wherein she was taken and seized? to and from what ports or places did she sail the said voyage before she was taken and seized? where did the voyage begin, and where was the voyage to have ended? what sort of lading did she carry at the time of her first setting out on the said voyage, and what particular sort of lading and goods had she on board at the time she was taken and seized, proceeding upon a lawful trade? had she at that time any, and what prohibited goods on board her?

9. Who were the owners of the said schooner and vessel and goods concerning which you are now examined, at the time she was taken and seized? how do you know they were the owners of the said schooner and goods at that time? of what nation are they by birth, and where do they live with their wives and families? and to what Prince or State are they subjects?

10. Was there any bill of sale made to the owners of the said schooner? in what month or year, and where and before what witnesses was the same made, and when did you last see it, and what is become thereof?

11. In what port or place was the lading, which was on board the schooner at the time she was taken and seized, first put on board the said schooner? in what month and year was the lading so put on board? what were the several qualities and quantities, and particulars thereof? whether were the same laden and put on board the said schooner in one port, or at one time, or in several ports and places, and how many by name, and at how many several times, and what particulars and what quantity at each port? who by name were the several laders or owners thereof, and what countrymen are they? where were the said goods to be delivered, and for whose account, and to whom by name did they then really belong?

12. How many bills of lading were signed for the goods seized on board the said schooner? whether were the same colourable, and whether were any bills of lading signed, which were of a different tenor with those which were on board the said schooner at the time she was seized and taken? and what were the contents of such other bills of lading, and what are become thereof?

13. What bills of lading, invoices, letters, or any instruments in writing, or papers, have you to prove your own property, or the property of any other person, and of whom in the schooner and goods, concerning which you are now examined? produce the same, and set forth the particular times when, and how, and in what manner, and upon what account, and for what consideration you became possessed thereof?

14. In what particular port or place, and in what degree of latitude[3] were or was the schooner, concerning which you are now examined, taken and seized? at what time, and upon what day of the month, and in what year, was or were the said schooner so taken and seized?

[Footnote 3: A statement of the longitude, it will be observed, is not required. Any navigator of that time could easily determine his latitude, but there was no accurate method of determining longitude at sea till John Harrison made his trial voyage to Jamaica with his chronometer in 1761-1762.]

15. Whether was there any charter party signed for the voyage, wherein the schooner, concerning which you are now examined, was taken and seized? what is become thereof? when, where, and between whom was the same made? what were the contents thereof?

16. What papers, bills of lading, letters, or other writings, any way concerning or relating to the schooner concerning which you are now examined, were on board the said schooner at the time of the seizure of the said schooner? were any of the papers thrown overboard by any person, and whom, and when, and by whose orders?

17. What loss or damage have you sustained, by reason of the seizing and taking of the said schooner concerning which you are now examined? to what value does such loss or damages amount? and how and after what manner do you compute such loss and damage? have you received any and what satisfaction for such the loss and damage which you have sustained, and when and from whom did you receive the same?

_LA VIRGEN DEL ROSARIO Y EL SANTO CRISTO DE BUEN VIAGE._

_184. Libel of Richard Haddon. March 9, 1757._[1]

[Footnote 1: This document, and all that follow relating to this case, nos. 184-196, are derived from the files of the vice-admiralty court which during the colonial period sat in New York. They are preserved in the offices of the United States district court in that city. In the case of the colonial admiralty courts which sat in Boston, Philadelphia, and Charleston, only the record-books of those courts, from which several of our documents were obtained, have survived, and of the other courts apparently nothing; but from the New York admiralty court we have, besides records, a copious mass of papers relating to the cases, preserved by an exceptionally careful assistant register. By the care of Hon. Charles M. Hough, U.S. circuit judge, these papers have been arranged, mounted, and bound in model fashion. In interpreting the papers here printed, the editor has been much assisted by an opportunity to read a manuscript of Judge Hough's concerning them.

The case of the _Virgen del Rosario_, more exactly the cases of Richard Haddon _v._ 10 Doubloons, etc., of Ybanez _v._ L2409, and of the King _v._ Thomas Miller and Sampson Simpson, give excellent illustrations of the chicanery with which prize cases could be conducted and of the manner in which through admiralty courts the ends of justice could be defeated. The materials are copious. The history of the capture is sufficiently set forth in docs. no. 187 and no. 188. The legal history of the case may be summarized as follows. Sept. 20, 1756, Nathaniel Marston and Jasper Farmar petition governor and council for a privateer's commission for the _Peggy_ or _Charming Peggy_, whereof Richard Haddon was to be commander, Christopher Miller lieutenant; _Cal. N.Y. Hist. MSS._, II. 659. Sept. 29, 1756, the commission is granted. Dec. 7, 1756, the _Peggy_ captures the schooner _La Virgen del Rosario y el Santo Christo de Buen Viage_, plunders her, and lets her go. (It will be remembered that Great Britain was not at war with Spain at this time, but only with France.) Mar. 5, 1757, the _Peggy_ arrives at New York, "having taken as many Prizes during her Cruize as she could well man"; _Pennsylvania Gazette_, Mar. 10. Mar. 9, Haddon libels the plunder (doc. no. 184). Mar. 31, the admiralty judge decrees that it shall be his, provided no better claimant arises within a year and a day, and provided he furnishes sureties to the register of the court to the value of L2409. 4s. 11d.; notes of Sir William Burrell on this case in _Reports of Cases determined by the High Court of Admiralty and upon Appeal therefrom, temp. Sir Thomas Saulsbury and Sir George Hay_, ed. R.G. Marsden (London, 1885), pp. 185-186. July 26, 1757, the sureties present their account of sales (doc. no. 186). Feb. 17, 1758, and Mar. 10, on pressure from London, where Captain Ybanez has made his complaint, the advocate general in New York files a claim for money and goods, in the king's name, to restore them to the Spaniards. Apr. 5, the sureties demur. Apr. 19, the judge dismisses the advocate general's claim. Sept. 27, 1758, Ybanez files his own claim or libel (doc. no. 188), but the judge rules Feb. 10, 1759, that his time had expired (Marsden, _loc. cit._). Dec. 19, 1760, the Lords Commissioners of Appeals in Prize Causes reverse the colonial court, and condemn the captor in costs and damages (_ibid._, and doc. no. 195). July 4 and 26, 1761, the New York judge declares that, while the Lords of Appeal had apparently reversed his decree of Mar. 31, 1757, on Haddon's libel, they had not reversed his decree of Feb. 10, 1759, on that of Ybanez, the decree actually appealed from (court papers). But so the matter had been dragged on until, Jan. 4, 1762, Great Britain declared war against Spain, and it may be considered certain that Ybanez never recovered anything; perhaps he did not deserve to, for pretty clearly he had been violating or evading the laws of his own country.

Meanwhile, July 14, 1758, the advocate general, on account of irregularities on Haddon's part violating his commission as a privateer, had sued his bondsmen (King _v._ Miller and Simpson). Their counsel moved for a commission to take evidence in Havana, which was granted by the court, Sept. 2, 1758; hence docs. nos. 189, 191-194. June 27, 1761, on all the evidence now collected, the court decreed forfeiture of the bond. July 7, 1761, the sureties appealed (doc. no. 196), but there is no record evidence that their appeal was ever perfected, or that they ever paid. See doc. 196, note 1.]

Province of New York } To the Honourable Lewis Court of Vice Admiralty } Morris Esqr[2] Commissary and Judge of the Court of Vice Admiralty for the province of New York.

[Footnote 2: Lewis Morris (1698-1762)--son of Lewis Morris the governor of New Jersey and father of Lewis Morris the signer of the Declaration of Independence, of Richard Morris the judge, and of Gouverneur Morris--was admiralty judge in New York from 1738 to 1762. His own record of his life, from his family Bible, is in _N.Y. Gen. and Biog. Record_, VII. 16-18.]

The Lybell of Richard Haddon of the City of New York Marriner[3] Commander of the private vessell of Warr called the _Peggy_ in behalf of himself and the Owners and Company of the said Schooner _Peggy_ in all Humble Manner Sheweth unto your honor that his most Gracious Majesty George the Second, by the Grace of God of Great Brittain france and Ireland King, Defender of the Faith, Vfd. by his Commission under the seal of the Court of Vice Admiralty of New York Bearing date the Twenty Ninth Day of September in the year of our Lord one thousand Seven hundred and fifty Six writeing as is therein Recited did thereby Grant Commission to and Lycence and Authorize Jasper Farmer[4] and Nathaniell Marston[5] of the City of New York Merchants to Sett forth in warr Like manner the said Schooner called the _peggy_ under the Command of the said Richard Haddon, therewith by force of Arms to Attack, Surprize, Seize and take by and with the said Schooner and the crew thereof any place or fortress upon the Land or any Ship or Vessell, Goods, Amunition, Arms, Stores of Warr or Merchandize belonging to or possessed by any of his said Majesties Enemies in any Sea, Creek, Haven or River and Such other Ships, Vessells and Goods which are or shall be Lyable to Confiscation pursuant to the treaties between his Said Majesty and Other princes, States and potentates and to bring the same to such port as should be most convenient in Order to have them Legally Adjudged in his said Majesties high Court of Admiralty of England or before the Judges of such other Admiralty Court as Shall be Lawfully Authorized within his Majesties Dominions, which being Condemned it Should and might be Lawfull for the said Richard Haddon to sell and Dispose of Such Ships, Vessells, and Goods, Amunition, Arms, Stores of Warr or Merchandise so Adjudged and Condemned in Such sort and Manner as by the Course of the Admiralty hath been Accustomed as by the said Commission may more fully Appear, and the said Richard Haddon Doth further Show unto your Honour that in pursuance of his Said Commission on or About the Seventh Day of December Last past being on the High Seas within the Jurisdiction of this Court in the said Schooner _Peggy_ with his Company and Crew on Board the Same in or About the Latitude of twenty-one Degrees and Eighteen Minutes North Longitude Eighty Seven[6] Degrees fifty Seven Minutes West from London he did meet with, sett upon and take a Certain Schooner Belonging to the Subjects of the french King Enemies of our Said Lord King George the Second, having on Board ten Doubleloons,[7] five thousand seven hundred and Sixty four Dollars, one hundred and five pistereens,[8] and Some Small Silver as also one Bracelett, twenty Gold rings, Some Silver Buckells, six Swivell Guns, Some Shott, one Cask of Powder, Some Cutlasses and one Kegg of Indigo being the Money, Chattles, Goods and Effects of the Subjects of the french King, Enemies of our Said Lord King George the Second, which money, Bracelett, Rings, Buckells, Swivell Guns, Shott, powder, Cutlasses and Indigo Belonging to the Subjects of the french King and Enemies of our Said Lord King George the Second the said Richard Haddon hath brought into this his Majesties port of New York in the said Schooner _Peggy_ in Order to have the Same Legally Condemned by the Sentence and Decree of this Honourable Court (But the said Schooner being unfitt to Come upon a Winters Coast and he the said Richard Haddon having a Great Number of prisoners Delivered her to a Number of them to Carry them to some french port After takeing out of her the Money, Goods and Chattles aforesaid) Wherefore the said Richard Haddon Humbly prays your Honour that the said Money, Bracelett, Rings, Buckells, Swivell Guns, Shott, Powder, Cutlasses and Indigo Aforesaid belonging to the Subjects of the french King and Enemies of our Said Lord the King may by the Sentence and Adjudication of this Honourable Court be Condemned as Lawfull prize to the Use of the said Richard Haddon and the Owners and Company of the said Schooner _Peggy_ According to the Common Right of Nations and the Law of Arms in Such Case used.

RICHD. MORRIS Pr.[9] for the Lybellent.

[Footnote 3: Richard Haddon, mariner, was a New Jersey man, but became a freeman of New York City in 1749; _N.Y. Hist. Soc. Fund Pubs._, 1885, p. 167. An extract from a letter of his, written during this same cruise, Dec. 29, 1756, and conveying valuable information he had picked up respecting the proposed expedition of the French up the Mississippi to the Illinois country, is printed in _N.Y. Col. Docs._, VII. 219; it was an enclosure in a letter from Governor Hardy of New York to Secretary Pitt, Feb. 26, 1757, printed in Miss Kimball's _Correspondence of William Pitt_, I. 12; _cf._ p. 31.]

[Footnote 4: Jasper Farmer, merchant, owner in several privateers of the time, and militia captain, was killed a few months later, Apr. 23, 1758, by one whom he was trying to impress.]

[Footnote 5: Also an owner in several privateers; will (1778) in _N.Y. Hist. Soc. Fund Pubs._, 1900, p. 50.]

[Footnote 6: A scribe must have misread the figure 81, which appears in other documents, into 87. In reality, 87 deg. 57' W., in the latitude named, would locate the capture on dry land, in Yucatan. It took place near the Isle of Pines, south of the western part of Cuba.]

[Footnote 7: A doubloon was a Spanish gold coin, equal to $8.24.]

[Footnote 8: A pistareen or peseta was equal to about 19 cents.]

[Footnote 9: Proctor. Richard Morris (1730-1810), son of the judge (note 2, above), and at this time practising in the court, succeeded his father as admiralty judge in 1762 (commission Oct. 16, see doc. no. 180, note 1), and served as such till 1776, when he took the American side. From 1779 to 1790 he was chief justice of the Supreme Court of New York.]

[_Endorsements:_] New York Court of Vice Admiralty.--

Richd. Haddon in Behalf of himself the Owners and Comp'y of the Schooner _Peggy_ _v._ 10 Doubleloons, 5764 Dollars, 105 Pisterreens, one Bracelett, 20 Gold rings, Some Silver Buckells, Some Small Silver, six Swivell Guns, Some Shott, one Cask of Powder, Some Cutlasses and one Bagg of Indigo.--Read and filed Wednesday the 9th of March 1757. Proclamations Wednesday the 9th, Thursday the 10th and Fryday 11th March. Sentence Thursday 31st of March.

_185. Deposition of Francisco Raphe. March 31, 1757._[1]

[Footnote 1: The document is endorsed as filed on the same date.]

Province of New York ss.

The Deposition of Francisco Raphe Having been before Sworn and now Examined on the part and behalf of Richard Haddon Commander of the private Vessel of War the _Peggy_, Against Ten Doubleloons, five Thousand Seven Hundred and Sixty four Dollars, One Hundred and five Pisterreens, one Bracelet, Twenty Gold Rings, Some Silver Buckles, Some Small Silver, Six Swivel Guns, Some Shot, one Cask of Powder, Some Cuttlasses and one Keg of Indigo.

1. To the first Interrogatory this Deponent saith that his Name is Francis Rafe, and is twenty Six Years of Age, that he is a Native of Sierra[2] in Greece and Subject to the Grand Turk, by Ocupation a Mariner.

[Footnote 2: Presumably the island of Psyra in the Aegean, now called Psara.]

2. To the second He says, that two Days after the Vessel he was on board of Sailed out of Cuba they were taken by Capn. Haddon, which was about December last, that he does not know the Vessels Name of which he was aboard for she had no Regular Commander, no Dispatches or Papers of any kind from any Port or Place whatsoever And he believes that had said Vessel been taken by any Vessel of any Nation she would have been a lawfull prize, and had she been taken by a Spanish Guarda Costa, the whole Ships Crew would have been Hanged as Pirates, that there were on board of all Nations almost, as Genoves, French and others, In Number Seventy two, and that one of the Chief in Particular was a Frenchman Subject to the French King. That He knows no further to Declare in Relation to any other Interrogatories, but only that He absolutly from all the Knowledge he can form thinks her to be a just and Lawfull prize.

FRANCISCO RAPHE.

Examined the 31st March Anno Dom 1757 (GARRET NOEL, Spanish Interpreter)[3] RICHD. NICHOLS Reg'er.[4]

[Footnote 3: "Spanish interpreter of the province of New York"; _Cal. N.Y. Hist. MSS._, II. 662, and _Cal. Council Minutes_, p. 443. Elder in the Presbyterian Church; _Cal. N.Y. Hist. MSS._, II. 698, and _Doc. Hist. N.Y._, III. 300. Schoolmaster; _N.Y. Hist. Soc. Fund Pubs._, 1885, p. 177. "Mr. Garret Noel, for many years a respectable bookseller in New York, died at Elizabethtown, N.J., September 20, 1776, aged 70"; _ibid._, 1899, p. 370.]

[Footnote 4: Register of the court of admiralty till his death, Aug. 19, 1775. "During a residence in New York of 60 years he followed the Profession of Law. He was of a respectable family in Wales". _Ibid._, 1899, p. 296, where his will is given.]

_186. Account of Sales. July 26, 1757._[1]

[Footnote 1: The document is not dated; the date may be supplied from doc. no. 188, p. 550, _infra_.]

Sales of Sundrys takeing and Brot. in by the Privateer Schooner _Peggy_ Richd. Haddon Commr.

1 Brasslett L 2. 0. 0 20 Gold Rings Case Mattle[2] @ 8/ 8. 0. 0 Some Odd Silver Buckles 2. 0. 0 Some Small Silver 1.12. 7 6 Swivle Gunns @ 40/ 12. 0. 0 Some Shott 9. 6 Cagg Powder 2.12. 0 Some Cuttlasses 18. 0 1 Kegg Indigo 10. 3. 4-3/4 --------------- 39.15. 5-3/4 5764 Dollars @ 8/ L2305.12. 0 10 Doubleloons @ 112/ 56. 0. 0 105 Pistereens 1/6 7.17. 6 --------------- 2369. 9. 6 --------------- L2409. 4.11-3/4 ---------------

[Footnote 2: Metal? The valuation indicates alloyed gold. The slanting mark after 8 is for shillings, and the shilling in this account is the New York shilling, equivalent to 12-1/2 cents.]

Errors Excepted

THOS. MILLER.[3]

[Footnote 3: Thomas Miller was a nephew of Jasper Farmer; C.F. Billopp, _History of Thomas and Ann Billopp Farmer_, pp. 45, 46.]

_187. Deposition of Don Felipe Ybanez.[1] September 2, 1758._

[Footnote 1: In some of the documents the name is found written, by ignorant scribes, Philip y Banes, and therefore it is found under Banes in some indexes. Ybanez, arriving in Jamaica soon after the capture, complained to Vice-Adm. George Townshend, commanding on that station, of the "piratical behavior" of Haddon. Townshend wrote to the secretary of the admiralty, enclosing affidavits. Holdernesse, secretary of state, sent on May 20, 1757, a circular to the colonial governors, printed in _N.C. Col. Rec._, V. 756, expressing his Majesty's indignation at such actions toward a neutral, and ordered the governor of New York to proceed against Haddon. The _Calendar of Council Minutes_, p. 434, shows the letter to have been received, July 16. On Sept. 16 Secretary Pitt sent a circular to the governors with strict commands against molesting Spanish subjects; Kimball, _Corr. of William Pitt_, I. 105. On Feb. 13, 1758, Lieutenant-governor James DeLancey writes (_ibid._, I. 181) that this circular had been received Jan. 19, and that a proclamation had at once been issued. He adds, "Capt. Phillip Ybannes who was plundered by Capt. Richard Haddon is now here and I have put him in a way to recover the loss he has sustained and if he meets with Justice in the Admiralty he cannot fail of a recompence."]

Province of New York. Court of Vice Admiralty.

The Deposition of Don Phelipe Ybanes being before Sworn and now Examined on the part of our Lord the King on the Lybel of William Kempe, Esqr.[2] his Majes'ys Advocate General for this Province of New York Against Thomas Miller and Sampson Simpson[3] Defendants.

[Footnote 2: Attorney general 1752-1759, advocate general 1753-1759, d. 1759. He filed his claim on behalf of the crown Feb. 17 and Mar. 10; the judge dismissed it Apr. 19, 1758, on the ground that the king had no interest in the goods. Marsden, p. 185; doc. no. 188, and other papers.]

[Footnote 3: Samson or Sampson Simson, d. 1773, son of Rabbi Joseph Simson and uncle of that Samson Simson who founded the Mt. Sinai Hospital, was the chief Jewish merchant in New York, owner of several privateers, and later one of the founders of the Chamber of Commerce. At this time he was _parnas residente_ (president) of the Congregation Shearith Israel, till 1825 the one Jewish congregation in New York. _Publications of the American Jewish Hist. Soc._, II. 83, III. 81, X. 109-117, XI. 155, XXI. 74, XXV. 90. Dr. Benjamin Kennicott, in _The Ten Annual Accounts of the Collation of Hebrew MSS. of the Old Testament_ (Oxford, 1770), p. 161, mentions information from President Cooper in New York "that Mr. Sampson Simson, a very worthy and benevolent old Gentleman, of the Jewish persuasion, living in that city, is in possession of a MS. of very great antiquity, containing the whole Hebrew Bible"--on which see Ezra Stiles, _Literary Diary_, III. 3, 32.]

1st. This Deponent saith that his Name is Phelipe Ybanes Aged thirty seven years Born at St. Lucar[4] in Old Spain by Ocupation a Mariner and subject to the King of Spain.

[Footnote 4: At the mouth of the Guadalquivir. Columbus sailed thence on his third voyage, in 1498.]

2ly. That his first knowledge of Richd. Haddon and the Schooner _Peggy_ was on the sixth or Seventh Day of December 1756. That he first knew the Schooner called the _Virgin of the Rosary and Santo Christo_ in the year 1756 when he bought her in Jamaica. That she belonged to Port Trinity[5] on the Island of Cuba immediately before the 6th and 7th Days of December 1756. He this Depon't being then Commander of said Schooner having his Resident in the Havana with his Family. That he was on board said Schooner on the 6th and 7th days of December 1756 as Commander and Owner. That said Schooner was not then Equipped to use Force in any manner but only as a trading Vessel. That she had on board three small Guns unloaded and Six Swivel Guns, three of which were Loaded with Ball in Case of Necessity to make Signals but all in the Hold for Ballast, and fourteen Hangers,[6] which was all the Arms on board. That he this Deponent was sole Owner of said Schooner at that time. That when he this Deponent was met with by Richd. Haddon on the 6th or 7th Day of December 1756, he[7] came from Port Trinity but last from Port Banes[8] Eight Leagues from the Havana in the same District where he touched and took in for Jamaica, where he was Bound, two Passengers both Eng'h Subjects named Henry Myerhoffer[9] and Willm. Abbot[10] Beside which he took in Eight Spaniards. That they then made to the Number of Sixteen Spaniards on board and two English, seven of which were Mariners. The Names of the Spaniards were Don Phelipe Ybanes Capn. and Owner, Don Francisco Garcia, Pasqual de Cordova, Don Geronimo de la Cal, Cayetano Peres, Pablo Antonio Corea, Marcelino Marero, Silvestre Manuel de Castro, Miguel de Fuentes, Henry Myerhoffer, and Wm. Abbot English Passengers, Juan Lorenso Boatswain, Matheas Antonio, Antonio Malacallo, Bedro Valderama, Antonio Gonis, Bernardo Martines, Antonio Navarette, Mariners. That the Spanish Passengers were Residents at the Havana with their Families and so were the Seamen Except one who is a Resident at St. Agustin. That the motive of the Spanish passengers going in said Schooner was to trade at Jamaica. That said Schooner had no more Mariners on board than is Customary nor so many as is quite Necessary for such a Vessel. That there was no such person on board said Schooner as Francisco Raphel[11] at the time she was taken by Richd. Haddon nor any French Subjects.

[Footnote 5: Trinidad, near the middle of the south side of Cuba.]

[Footnote 6: Small short swords.]

[Footnote 7: The deponent.]

[Footnote 8: Cabanas, 35 miles west of Havana.]

[Footnote 9: A German living in Georgia, see doc. no. 194, paragraph 5.]

[Footnote 10: Also a resident of Georgia (_ibid._); constable of Frederica some years before, _Col. Rec. Ga._, VI. 210.]

[Footnote 11: See doc. no. 185.]

3ly. That all the Papers was the Licence and some Letters for some Merch'ts at Kingston in Jamaica. That said Licence was for said Schooner to go from Port Trinity to Port Mansanillo[12] which Licence and said Papers was taken from said Don Phelipe Ybanes by said Richd. Haddon by Force. That he this Deponent as soon as he came on board the Privateer shewed Richd. Haddon his Licence.

[Footnote 12: Manzanillo is on the south coast of Cuba, two hundred miles east of Trinidad, and thus on the way to Jamaica! It should be mentioned that export of provisions from Cuba to Jamaica was forbidden by Spanish regulations.]

4ly. That at the time of the Seizure of said Schooner, the Cargoe consisted of the following particulars--Six Thousand Nine Hundred and Seventy five Spanish Heavy Dollars,[13] Six Hundred and Sixteen Dollars in Dobloons, two Hundred and Eighty Dollars in Gold Trinkets, a Bag[14] of Indigo [of] 125 lbs., the greatest part of the Schooners Provisions, the Spanish Colours, about 50 lbs. Gun Powder, Six Swivel Guns, about twenty Balls, a Box Sweetmeats Value Forty Dollars, and fourteen Hangers--all which belonged to this Deponent and other Spanish Subjects now in New York.

[Footnote 13: _Pesos fuertes_, Mexican hard dollars.]

[Footnote 14: Elsewhere _kagg_, keg.]

5ly. That said Richd. Haddon when he met with the said Spanish Schooner fired a Ball at her notwithstanding she had her Spanish Colours Flying and had brought to to speak with said Haddon and the Reason that induced said Deponent not to make the most of his way from said Privateer was that he knew the two Crowns of England and Spain to be in Friendship. That the Privateer Boat came on board said Spanish Schooner with a Lieut. Christop'r Miller[15] by Name and seven more Seamen. That he this Deponent shewed said Lieut. his Licence telling him at the same time that they were Spaniards and the Vessel and Cargoe Span'h property, From whence they came and whither Bound. That said Lieut. and People seemed very Civil and Regular till they discovered the Money which as soon as they had done, they Insisted on the Spaniards having run away with it and gave that as a pretence for Seising it which they did and carryed the same away by Force with other particulars already mentioned by this Deponent. That said Richd. Haddon did order this Deponent and all the People (except two or three) on board the Privateer and there treated them as Prisoners, said Haddon being on board. That he this Deponent told said Haddon from whence he came and where he was bound to and that he was a Subject of Spain and declared that Himself was Commander of said Schooner when she Sailed from the Havana and that he shewed said Haddon his Licence and other Papers. That said Haddon did not declare that he would carry the said Schooner to the Havana, on the contrary this Deponent and the People belonging to the Spanish Schooner were very desirous of it and requested of him to carry them there. That said Rd. Haddon's Lieut. and People did by Force and Violence Seize said Money and Effects and carry them away against the Consent and Solisitation of this Deponent and people belonging to said Spanish Schooner. That said Span'h Schooner was at that time in good Order and well Conditioned both as to her Hull, Sails and Rigging and fitt to come to New York. That this Depont. desired of sd. Rd. Haddon that the Money might be Counted but sd. Haddon Refused it. That when this Deponent and People were brought on board the Privateer they were all of them Searched and Money and Effects taken from the Several following Persons. From Miguel Fuentes 1 pair Silver Buckles and 1 pair Gold Buttons, From Don Geronimo de la Cal 1 pair of silver Buckles and a Ring, From Pablo Antonio Corea 1 pr Silver Buckles, From Cayetano Peres 1 pair Silver Buckles and four Dollars. All these were taken from the People beside the Money and Effects brought from on board the Spanish Schooner. That said Rd. Haddon never told them that he would proceed to New York in order to Lybel the Money and Effects aforesaid but on the Contrary Endeavoured to Conceal his Name and from whence he came as much as possible from this Deponent and his people. That there never was any Agreement between this Deponent and his People with Rd Haddon or anything like it relating to the Money and Effects aforesaid. That said Richd. Haddon's Lieut. Chrsr. Miller by Name, with some of the Mariners belonging to said Privateer, did treat this Deponent and Comp'y belonging to said Spanish Schooner with threatning and abusive Language on Returning them on board said Spanish Vessel. That said Rd. Haddon did not offer to bring this Depont. and People to New York, for as was declared before He did not mention New York nor did this Deponent and People know he came from thence. That said Rd. Haddon did take from on board said Spanish Schooner and carry away with him in the said private Vessel of War, two Passengers by Names Henry Myerhoffer and Willm. Abbot both subjects of Great Britn. That this Deponent did Request said Richd. Haddon to carry him to some Eng'h Port but was refused. That he this Deponent did Request from said Richd. Haddon a Receipt or Certificate Acknowledging that he the sd Rd. Haddon had taken from on board the said Span'h Schooner the Money and Effects aforesaid, which said Deponent Requested in order to shew as a proof of what had happened to him. That the said Richd. Haddon did thereupon give this Deponent a Receipt or Certificate, but afterwards said Receipt was Demanded from him by the said Christopher Miller which this Deponent Refusing to Return, said Chrisr. Miller did by Threats, Force and Violence take said Receipt or Certificate from this said Deponent as they were in a Boat in their Return on board said Spanish Schooner.

[Footnote 15: A nephew of Jasper Farmer; C.F. Billopp, _History of Thomas and Ann Billopp Farmer_, pp. 45, 46.]

6ly. To this Interrogatory can say Nothing.

7ly. That said Spanish Schooner after the Transaction aforesaid did Return to the Havana, where he this Deponent was informed by some Frenchmen that had been taken by said Rd. Haddon since this Deponent, that sd Haddon had proceeded in said Private Vessel of War to Sta. Lucea[16] on the Island of Jamaica, whereupon this Deponent determined to go there in Quest of him in order to procure Satisfaction for the Injury he had Received from him. That shortly after the Arrival of this Deponent at the Havana, an English Man of War came into that Port. That He this Deponent made Application to the Capn. for his Advice and Assistance, who thereupon gave him a Certificate to the Governour and the Admiral Stationed at Jamaica. That this Deponent thereupon proceeded to Santa Lucea but said Rd. Haddon was sailed from thence before this Deponent arrived there. That said Haddon was at Santa Lucea fifteen Days as this Deponent was Informed. That he there met with the two aforesaid Englishmen, that this Depont. had taken Passengers in his Schooner, but were carryed away by said Richd. Haddon. That this Deponent proceeded afterward with said Spanish Schooner to Kingston on Jamaica and there made his Complaints to the Governor and Admiral against Rd. Haddon.[17] That the said two Englishmen who had been Passengers in said Spanish Schooner, did make Oath before the Governor of Jamaica of the Transactions of said Rd. Haddon his Officers and People. That the Exhibits now Shewn him marked A No 1 and No 2 are the Affidavits lay'd before the Governor of Jamaica in support of the Truth of the Complaints made by him this Deponent against said Rd. Haddon, his Officers and People which this Deponent brought with him from Jamaica to New York. That the Name Subscribed to the Affidavit in the Exhibit marked A No 1 is his own Hand Writing and attested as Expressed in said Instrument of Writing. That said Henry Myerhoffer did Subscribe his Name to the Affidavit and that he knows that to be his Hand Writing in the Exhibit marked A No 2, and that he attested the same in manner therein Expressed. That Admiral Townsend in pursuance of the said Complaint and proofs Dispatched a small Man of War under his Command in pursute of said Richd. Haddon in order to bring said Schooner _Peggy_ into Port Royal[18] on the Island of Jamaica aforesaid.

[Footnote 16: Now Lucea, at the northwest corner of the island.]

[Footnote 17: Henry Moore, lieutenant governor, was acting as governor. The preceding governor, Vice-Adm. Charles Knowles, had lately removed the seat of government from Spanish Town to Kingston.]

[Footnote 18: Port Royal, on the south side of Kingston harbor, was the first capital of the island; but probably Ybanez means the harbor.]

8ly. That this Deponent did afterward Return to The Havana and Arrived there on or about the 16 May 1757. That said Admiral Townsend did afterward arrive at the Havana and Advised this Deponent to proceed to New York not doubting but he would receive Satisfaction for the Injury done him by said Rd. Haddon his Officers and Crew belonging to said Schooner _Peggy_ and that in Case he should not Receive the Satisfaction he Expected, then to proceed with the Affidavits to London to demand it there. That said Admiral being then in the Havana gave him a Letter to the Gover'r of New York Recommending to him to procure Justice to be done to this Deponent.

9ly. Does not belong to this Deponent to Ansr.

Lastly, He says that he knows of nothing further Necessary to or Concerning these Interrogatories.

PHELIPE YBANES.

Examined the 2d of September Anno Dom 1758. (Assisted by Garrat Noel Sworn Spanish Interpreter) RICH'D NICHOLLS, Regr.[19]

[Footnote 19: The document is endorsed as filed Sept. 2.]

_188. Libel of Felipe Ybanez. September 27, 1758._

Province of New York } To the Honourable Lewis Court of Vice Admiralty } Morris Esqr. Commissary and judge of the Court of Vice Admiralty for the Province of New York.

The Lybel and Claim of Philip y Banes otherwise called Philip Vanes, otherwise called Philip de Francis,

Humbly Sheweth,

That he the said Philip is a Native of St. Lucar in the Dominions of Spain and a subject of his Catholick Majesty, and an Inhabitant of the Havannah in the Dominions of his said Catholick Majesty, and that he the said Philipe was at the Time of the Capture herein after mentioned Master and sole Owner of a certain Spanish Schooner called _La Virgin del Rosario y el Sancto Christo de buen Voyage_: That being on a Voyage from Trinidada, and having a Passport for Mansennello he went to the Havannah leaving his said Schooner at a Landing Place about eight Leagues distant from thence called Vanes[1] and there in Pursuance of a Proposal which had been for that Purpose made to him before he had left Trinidada aforesaid on the 10th of November one Thousand seven hundred and fifty six entered into a written Agreement with Caleb Davis[2] of the English Nation and Transiently in that City, the Purport of which Agreement was that he should carry in his said Schooner one Henry Myerhoeffer and one Wm. Abbot an Englishman to Port Royal on the Island of Jamaica carrying with them certain Papers and Letters relating to an Affair with which he the said Davis was charged in Virtue of an Order from his Sovereign the King of Great Britain, who were to remit to him the said Caleb certain Merchandize which he had given them Orders to send on his Account and Risque for the Supply of his urgent Necessities which when complyed with he obliged himself to pay to the said Philip the sum of one thousand Dollars without Delay, as by the said Agreement ready to be produced may appear; That after his having made the said Agreement, his said schooner being at the said Landing Place called Vane's he took on Board the said Schooner the said Henry Myerhoffer and Wm. Abbot and their Letters and Papers and Eight other Persons, all subjects of his Catholick Majesty, who engaged to go as Passengers in the said Schooner to the said Island of Jamaica. And the said Philip further saith that he had also on Board his said Schooner one Mate or Pilot and six Marriners to navigate the said Schooner who were all likewise Subjects of his said Catholick Majesty and among other Goods had on board the said Schooner several Bags of Money which contained In silver to the Amount of six Thousand nine hundred and seventy five mill'd Dollars, and in Gold the Value of six hundred and sixteen mill'd Pieces of Eight and divers Gold Rings and other Trinkets to the Value of two hundred and eighty mill'd Pieces of Eight, six Pateraroes[3] of the Value of sixteen Pounds, a Parcel of Gun Powder containing in quantity about fifty Pounds of the Value of Eight Pounds, one Bag of Indigo containing in quantity about one hundred and fifty Pounds of the Value of sixty Pounds, and a Chest of Sweetmeats which cost in the Havannah forty Dollars of the value of sixteen pounds, fourteen Spanish Machets[4] of the Value of twenty two Pounds eight Shillings, one Pistol of the value of one pound five shillings, thirty swivel shot of the Value of fifteen shillings, all New York money, together with sundry other Goods mentioned in a Lybel filed in this Court by the said Richard Haddon hereinafter mentioned, all which were the Property of him the said Philip Y'Banes and others the Subjects of the King of Spain in Amity and Friendship with the King of Great Britain; That he the said Philipe afterwards being in the Course of his Voyage to the Island of Jamaica aforesaid on the high Seas and within the jurisdiction of this Court about ten Leagues to the Southward of the Island of Pines, on or about the sixth day of December which was in the year of our Lord one Thousand seven hundred and fifty six, he the said Philip was attacked and set upon in his said Schooner by one Richard Haddon, Commander of a Schooner called the _Peggy_ being a private Vessel of War from this Port of New York; That he the said Richard Haddon having fired a Gun against the said Spanish Schooner and brought her to, sent the Boat of the said Privateer on Board the said Spanish Schooner, manned and armed, together with one officer of him the said Richard Haddon which the said Philip took to be his first Lieutenant, and others of the Crew of the said Privateer _Peggy_, who searched into and Examined the sd Spanish Vessel where they found all the money and Goods aforesaid, all which by the said Officer and Crew were taken out of the said Spanish Schooner and carried on Board the said Privateer the _Peggy_, commanded by the said Richard Haddon; That he the said Philip Y Banes was then and there in a forcible manner taken out of the said Spanish Schooner by the said Lieutenant and Crew of the said Privateer the _Peggy_ or some of them and carried on Board the said Privateer, where the said Philip Y: Banes was searched from Head to Foot by the said Richard Haddon, the said Lieutenant or officer and others of the Crew belonging to the said Privateer by the Orders of the said Richard Haddon, and he the said Philip was then and there unlawfully stripped by the said Richard Haddon and others of his Crew of the Value of Two Hundred and twelve Dollars in Gold which he the sd. Philip had concealed in his Breeches; That he the said Philip did then and there shew to him the said Richard Haddon his Passport and other papers and Documents evincing Spanish Property in his said Schooner and Cargo, and the Intent of his present voyage, and did insist and declare to him the said Richard Haddon that his sd. Vessel and all the Money, Goods and Effects that he had on Board wch. had been so seized and taken as aforesaid were the Property of himself and others the subjects of his said Catholick Majesty and did belong to no other Person or Persons whosoever, and did request and intreat him the said Richard Haddon to restore to him the said Philip the said Money, Goods and Effects, or to bring him into this port of New York that he might have an Oppertunity of making his Claim and proving his property to and in the monies Goods and Effects so taken from him the said Philip by him the said Richard, his Officers and Crew as aforesaid, But the said Richard Haddon did altogether refuse to restore the same to the said Philip or to permit or Suffer him the said Philipe or any of his Officers or People to come with him in the said Schooner _Peggy_ to this Port of New York; That the said Philip did then desire the said Richard to give him a Receipt or Certificate of the money, Goods and Effects which had been so seized and taken from him as aforesaid, that he might satisfy all parties concerned in the same Money, Goods and Effects of the manner How he had been deprived of the same; That the said Richard did then Deliver to the said Philip a Writing which he said did Contain such Receipt or Certificate, But afterwards the first Lieutenant of him the said Richard did require and Insist that he the said Philipe should redeliver the same to him; That the said Philip refused to redeliver the said writing and thereupon the said first Lieutenant lifting up his Fist threatned to knock him down if he resisted, and with his Other Hand took the said Certificate thus forcibly and Violently out of said Philips Pocket where he had endeavored to secure the same, And the said Philip further sheweth that the said Richard did also take from on board the said Schooner the said Henry Myerhoffer and William Abbot, his said two Passengers, And also his passport and other papers shewn to him the said Richard to the purpose aforesaid, and after giving the said Philip very threating and abusive Language did then and there send the said Philip, despoiled and deprived of his money, Goods and Effects, passport and other papers aforesaid, on Board his said Spanish Schooner; That the said Richard Haddon did afterwards proceed with the said privateer _Peggy_ to Lucea on the Island of Jamaica and there careened and fitted her for the sea and during the time he say[5] there kept the said Henry Myerhoffer and William Abbot closely confin'd in order to prevent their discovering or Complaining of this Treatment he the said Philip had received from the said Richard Haddon, his Officers and Crew as aforesaid. And when and not before the said privateer had Hoisted sail to Leave Lucea aforesaid the said Henry Myerhoffer and William Abbot were set at Liberty, and the said Privateer proceeded to sea. And the said Philip further Sheweth that He the said Richard Haddon in the said Privateer Did afterwards Arrive at this port of New York And that the said Richard Haddon did afterwards on or about the ninth Day of March in the Year of our Lord one Thousand Seven hundred and fifty six[6] by his Lybel filed in this Court claim Part of the Money, Goods, and Effects which had been taken from him the said Philip in Manner aforesaid, viz. Ten Doubloons, five Thousand seven hundred and sixty four Dollars, one Hundred and five Pistreens and some small Silver, as also one Bracelet, twenty gold Rings, some Silver Buckles, six swivel Guns, some Shot, one Cask of Powder, some Cutlasses and one Bag of Indigo, as being the Property of the Subjects of the French King and prayed that the same might by the Sentence of this Court be adjudged and condemned as Lawfull Prize to him the said Richard Haddon and the Owners and Company of the said Privateer _Peggy_, as by the said Lybel filed in this Court, Reference being hereunto had, may more fully appear; That the said Philip not having any Pilot or Person on Board his said Vessel who was acquainted with the Navigation on this Coast was all together deprived of the Means and Opportunity of making his Claim and Defence to the said Lybel; That immediately after the said Seizure he returned with said Spanish Schooner to the Havannah, and complained there, of the said abuse that he had received from the sd. Richard Haddon and his Officers and Company. That the Governour of the Havannah[7] hearing thereof highly resented the same (and as the said Philip has been informed and hopes to prove) wrote to his Excellency Sr. Charles Hardy, then Governour of this Province,[8] upon the Matter of his said Complaint, demanding Redress, And that at that Time there being a British Man of War lying in that Port the Said Philip also made the like Complaint to the Commander of the said Ship who advised the said Philip immediately to repair with his Schooner to Jamaica and make his Case known to the Government there and Particularly to Admiral Townshend who was upon that Station, That upon proper Representations being made, Justice might be obtained and Reparation procured to the said Philip by Means and assistance of the British Government; That accordingly the said Philip proceeded to Jamaica and arrived there on or about the Beginning of March one Thousand seven hundred and fifty seven and applied to Admiral Townsend and made his Affidavit of the Treatment and Usage that he had received from the said Richard Haddon and the said Officers and Crew of the said Privateer _Peggy_ before a proper Officer there, and also finding the said Henry Myerhoffer in that Island he procured his Affidavit to be taken of the like matter, both which affidavits properly certified under the Seal of the said Island are filed with the Register of this Court and to which the said Philip for greater Certainty doth refer; That his Majesty the King of Great Britain, being informed of the Premises by Affidavits concerning the same, transmitted by Admiral Townsend, did by a Letter from the Right Honourable the Earl of Holdernesse his Secretary of State to the Governour of this Province, Dated at Whitehall the twentieth Day of May one Thousand seven hundred and fifty seven,[9] express the deepest resentment of the said Injury done to the said Philip by the said Richard Haddon and the officers and Crew belonging to the said private Vessel of War, as being contrary to all Humanity and Good Faith and the General Instructions Given to Privateers, And did require and demand that Justice might be done within this his Government to the Subjects of his Catholick Majesty relating to the Premises, as by the said Letter filed in the Minutes of his Majesty's Council for this Province of New York[10] and an attested Copy thereof filed with the Register of this Court, to which the said Philip doth refer, may more fully and at large appear. And the said Philip further sheweth That during these Transactions in the West Indies and in Great Britain he the said Richard Haddon prosecuted his said Lybel in this Court and to give the better Colour to his Pretensions that the Money, Goods and Effects before mentioned were French Property did on the thirty first of March one Thousand seven hundred and fifty seven procure Some Person calling himself Francisco Raphe to be examined before the Register of this Court[11] on the Part of him the said Richard Haddon against the Money, Goods and Effects mentioned in his said Lybel, wherein the said Francisco Raphe deposes among other Things that he is a Native of Sierra in Greece and Subject of the Grand Turk, by Occupation a Marriner, That two Days after the Vessel, he was on Board of, sailed out of Cuba they were taken by Captain Haddon which was about December then last, That he did not know the Vessel's Name of which he was on Board for She had no regular Commander nor Dispatches or Papers of any Kind from any Port or Place whatsoever, and he believes that had such Vessel been taken by any vessel of any Nation She would have been a lawfull Prize And had She been taken by a Spanish Guarda Costa, the whole Ship's Crew would have been hanged as Pirates, That there were on Board, of all Nations allmost, as Genoesse, French and others, in Number twenty two, and that one of the Chiefs in particular was a French man, Subject of the French King, That he absolutely, from all the Knowledge he can form, thinks her to be a just and lawfull Prize; And he the said Philip further sheweth that he is advised that the said Deposition is of a very extraordinary Nature, and made by one who supposed himself to have been a Pyrate; That by Reason of its great Incertainty it can have no legal Application either to him the said Philip or his Schooner; that the Vessel on which the said Francisco Raphe was on Board was a Ship of the Crew Whereof he was one; That the said Schooner of the said Philip had a regular Commander and proper Dispatches and Papers from Trindada a Spanish Port; That not one French Man or Genoe was on Board the said Schooner nor any one Marriner or passenger Except the said Henry Myerhoffer and William Abbot that was not a Subject of Spain; And the said Philip further sheweth That he is an entire Stranger to the said Francisco Raphe, That he knows no Person of that Name, and is very certain that no such person was either a Seamen or Passenger on Board the said Schooner in the Voyage before mentioned, and the said Philip is informed that no Witness whatsoever was produced in this Court to Prove the Money, Goods and Effects mentioned in the said Lybel of the said Richd. Haddon to be French Property but the said Francisco Raphe, and that by the Minutes of this Court it will appear that on the very Day the said Examination was taken Publication was ordered to pass and the Cause to be immediately heard, and thereupon the Proctor for the said Richard Haddon opened the Lybel and Proceedings, and the Deposition of the said Francisco Raphe being read this Court having considered of the same did adjudge, Sentence and decree the said Money, Goods and Effects in the said Lybel mentioned as lawfull Prize for the use of the Captors, pursuant to the Statute in that Case made and _provided_ that no just and rightful Claim be made for the same by any Other Person or Persons within a year and a Day, and ordered that the Lybellant stipulate with Security to the Register of this Court in the Amount of the said Gold, Silver and other Things to bring the said Amount into this Court when this Court should order the same within a year and a Day aforesaid, To which Minute of this Court the said Philip doth refer, And the sd. Philip further sheweth That at a Court of Vice Admiralty held at the City of New York on the twenty-sixth Day of July then next following, pursuant to the order of this Court of the thirty first Day of March then last past, the Accounts of Sales of the said Gold, Silver and other Things lybelled as aforesaid were brought into this Court and filed,[12] And that thereupon Jasper Farmer and Thomas Miller of the City of New York, Merchants, appeared in this Court and freely and voluntarily submitted to the jurisdiction thereof And severally stipulated to the Register of this Court in the Sum of Two Thousand four Hundred and nine Pounds, four Shillings and eleven Pence three Farthings, said to be the Amount of the said Gold, Silver etc. on Condition to bring the said Money into this Court when this Court should order the same at any Time within a year and a Day from the said thirty first Day of March then last past, as by the said Orders and Proceedings of this Court to which the said Philip doth refer, Relation being thereunto had, may appear. And the said Philip further sheweth that by the said Letter of the Right Honourable the Earl of Holdernesse before mentioned and above referred to, his Majesty The King of Great Britain did Command Prosecutions to be immediately commenced for the Recovery of what should appear to be so plundered from the said Philip and others the Subjects of the King of Spain or the full Value thereof, with all Costs and Damages occasioned by the premises; That his said Majesty's Advocate General for this Province of New York, in obedience to his Majesty's Pleasure so signified and the express Order and Direction of his Honour the Lieutenant Governour of this Province and Commander in Chief then being (having received Information of the said Orders and Proceedings of this Court) to prevent any Prejudice to the Subjects of the said King of Spain, in consequence of the same did on the seventeenth Day of February last past, in the Name and Behalf of his said Majesty the King of Great Britain, for the Use and Benefit of the said Philip and other Subjects of the King of Spain, enter and file his Claim to the Money and Goods first above mentioned, which had been with Force and Violence taken from him the sd. Philip, declaring it to be intended therein to include all the Particulars that had been before libelled by the said Richard Haddon and other Goods that had not been so lybelled, but had been taken and seized by the said Richard Haddon in Manner as aforesaid, together with the Interest, Damages and Costs which had accrued by Reason of the Premises; That afterwards the said Advocate General on the tenth of March last in Obedience to the Orders aforesaid did file his Claim more at large In this Court and among other Things therein contained prayed that this Court would order and decree that the said Monies, Goods and Chattels in the said Lybel of the said Richard Haddon mentioned might by the Order of this Court be brought into this Court according to the Stipulation aforesaid, as by the said Claim filed with the Register of this Court, to which the said Philip doth refer, may more fully and at large appear. Whereupon, on the said tenth Day of March, it was ordered by this Court that the Securities of the said Richard Haddon do bring into this Court the said Sum of two Thousand four Hundred and nine Pounds, four Shillings and Eleven Pence three Farthings, being the Amount of their Stipulations aforesaid, on or before that day Week or Shew Cause to the contrary; That on the seventeenth Day of March last the said Jasper Farmer and Thomas Miller appeared in this Court by their Proctor But did not bring into this Court the said Sum last mentioned and had Time till the fifth Day of April following to shew Cause why they had not done it, on which Day they filed their Demurrer to the said Claim of the said Advocate General, alledging for Cause of Demurrer that it appeared by the said Claim that the Scope and End thereof was to relieve the said Philip y: Banes, a Spaniard, claiming the Money and Effects formerly Lybelled in this Court by Richard Haddon in Behalf of himself and the Owners and Company of the Schooner _Peggy_, as French Property, against the Sentence and Decree of this Court, to all which several Matters and other Things in the said Claim contained the said Defendants did demur.

[Footnote 1: Cabanas.]

[Footnote 2: Caleb Davis had lived at St. Augustine as a trader for several years prior to 1738, had made himself wealthy when, in 1739, he proposed to settle in Savannah, and was a shrewd, cunning fellow, so says Secretary William Stephens in his journal; _Col. Rec. Ga._, IV. 64, 247, 309. Oglethorpe commissioned him as a privateer, in 1739, but later arrested him for sending two Spanish prisoners in to St. Augustine; _ibid._, IV. 422, 467, 483, 511, 623, and Harris, _Oglethorpe_, p. 215. Egmont mentions him as "Captain Davies, of suspected character"; _Col. Rec. Ga._, V. 139. In the next war he was a very successful privateer; _ibid._, XXV. 42, 251. In 1751 and 1752 he commanded Oglethorpe's principal vessel of war; _Acts of the Privy Council, Colonial_, IV. 128, 130, 170, 287, VI. 322.]

[Footnote 3: Pedereros, small pieces of ordnance used for throwing stones, etc.]

[Footnote 4: Machetes.]

[Footnote 5: Error for stayed.]

[Footnote 6: Error for 1757.]

[Footnote 7: Don Francisco Cagigal de la Vega, captain-general of Cuba; see doc. no. 189.]

[Footnote 8: Governor of New York from Sept., 1755, to June, 1757.]

[Footnote 9: Printed in _N.C. Col. Rec._, V. 756.]

[Footnote 10: _Calendar of Council Minutes_, p. 434.]

[Footnote 11: See doc. no. 185.]

[Footnote 12: Doc. no. 186.]

For That, by the Claim it appears that his said Majesty the King of Great Britain ought not to recover the Money, Goods and Effects in the Claim mentioned, they being expressly therein declared to be the Property of a Spanish Subject, and not the Property of his said Majesty the King of Great Britain, And for that his said Majesty ought not by Law to sue for himself and a Subject in that Suit, And for [that] a Decree in that Suit would be no Barr to a new Suit brought in the Name of his Majesty on the Stipulation for the good Behaviour of the said Richard Haddon, And for that by Law no Subject is to answer to the King, for an Injury done to another Subject, but by a Criminal Prosecution, And for that a Decree upon that Claim would be no Barr to, nor could it prevent the said Philip Y: Banes from filing his Claim in his own Name, And for that divers Persons are made Parties to that Claim that ought not to be joined together, as by the said Demurrer filed with the Register of this Court to which the said Philip doth refer may more at large appear. And the said Philip further sheweth that he hath not hitherto obtained any recompense or satisfaction for the Injury aforesaid.

Wherefore he the said Philip for the Reasons aforesaid and for the several Matters and Causes offered and insisted on in this his Libel doth Humbly Claim the said Two Thousand four Hundred and nine Pounds, four Shillings and Eleven Pence three Farthings, secured to be paid into this Court by the Stipulation aforesaid, together also with all and every the other Monies, Goods and Effects so seized and taken from him by the said Richard Haddon as aforesaid and not mentioned in the Lybel of him the said Richard, and all Damages, Losses and Expenses by him the said Philip in any wise sustained by Reason of the Premises And Humbly prays the Advisement of this Court in the Premises and the due Process of the Law against the said Two Thousand four Hundred and nine Pounds, four Shillings and eleven Pence three Farthings, secured to be paid into this Court by the Stipulation aforesaid, and all and every other such due Process as by the Law ought to issue and be granted against all and every Person and Persons who is, are or may be liable and Chargeable for the same and for all and every other the Monies, Goods and Effects so seized and taken from Him the said Philip as aforesaid and for his Losses and Damages and Expenses aforesaid, and such full and ample Relief and Satisfaction touching the Premises as, by the Law of Nations, the particular Laws and Statutes of Great Britain, and the Custom and Usage of this Court, is due in cases of this Nature to the Subjects of his Catholick Majesty the King of Spain being in Amity with his Majesty the King of Great Britain.

WM. SMITH Junior,[13] Adv'te for the Libellant.

JAS. DUANE,[14] Advocate for the Libellant

[Footnote 13: William Smith, jr. (1728-1793), the historian of New York, afterward chief-justice of New York and, in his last years, of Canada.]

[Footnote 14: James Duane (1733-1797), a prominent member of the Continental Congress from 1774 to 1784.]

_189. Certificate of Captain-General Cagigal. November 4, 1758._

Don Francisco Cavigal[1] de la Vega, Knight of the Order of St. James, Field Marshall, Governour and Captain General of the Havana and Island of Cuba etc. _Whereas_ I am Informed that Don Philipe Y Banes, Captain and Administrator of the Schooner Called _our Lady of the Rosary and Holy Christ_, And Marseleno Marrero,[2] Are now in the City of New York, Dominions of his Majesty the King of Great Brittain, in Order to Recover 7871 Dollars which in silver, Doubloons, and Gold Trinckets were by force taken from them on the 6th December 1756, by Capt. Haddon of the Privateer Schooner _Peggy_, from New York, a small distance from Pine Island on the south side of this Navigation, and having been Informed by Letters from the aforesaid that they are hindered in prosecuting for their Right by the Owners of said privateer Schooner pretending that they were Pirates at the time of the Robbery, and in Attention that the Contrary has been Clearly proved by their Sailing with a Spanish Crew and under Spanish Colours and with Leave from my Lieutenant Governour Don Francisco Guitierres in the City of Trinity to proceed to the anchoring place of Mansanillo in the Jurisdiction of Valamo,[3] And After the Robbery they arrived on this Coast at Porte Bane[4] where they took in Necessarys and with my Licence they Sailed to Jamaica in search of said privateer and presenting themselves before his Excellency the Governour Declared the Robbery upon Oath, as did Likewise Henry Myeroffer and William Abbot, two Englishmen who were on Board Said Don Philipe's Schooner at the time the Robbery was Committed, and were afterwards taken and put by said English Captain on Board his privateer, who Carried them to St. Lucia on the Island of Jamaica, as appears from the Instruments that said Don Philipe Shewed me on his Return, _And Whereas_ Considering the Great Prejudice that has Resulted from their being out of their Native Country and knowing that they are Inhabitants of this City and Subjects to the King of Spain and have not Incurred the Penalty of Pirates, In their behalf and for myself I pray and Recommend to his Excellency the Captain General and Governour and the Judge of the Admiralty of New York that they will be pleased to Order to be Delivered the said Money to the said Spaniards, inasmuch as I am ready to Observe Equal Justice in the Like Case, And in Case they Should meet with any Difficulty in the Recovery of their Right, I do by Virtue of this Grant them a passport and Leave to follow their Recourse to the Court of London and Appeal to his Brittanic Majesty till the Ultimate Resolution of his Royal Clemency; to this End I have perused the foregoing and do Sign and Order the Royal Signet to be Affixed to the same and Authorized by the present Notary to the Government. Given in the Havannah the fourth of November 1758.

[Footnote 1: For Cagigal. Don Francisco Cagigal de la Vega (1693-1777), who had been governor of Santiago de Cuba from 1738 to 1747, and had defended it successfully against the English in 1741, was captain-general of Cuba from 1747 to 1760, when he became viceroy of New Spain.]

[Footnote 2: In the same set of papers there is a deposition of Marcelino Marero, born in the Canary Islands, forty-three years old, almost identical in contents with that of Ybanez, doc. no. 187, and of the same date.]

[Footnote 3: Bayamo.]

[Footnote 4: Cabanas.]

Before me DIEGO DE GUITIERRES Notary to the Governour

FRANCISCO CAVIGAL DE LA VEGA

We his Majestys Notary Publicks of the Number Admitted in this City Certify that Don Diego Guitierres, by whom this Dispatch is Authorized, is Notary to the Government and that Entire faith and Credit may be given to all his Dispatches, Judicial and Extrajudicial, Dated ut Supra.

ANTO'O PONCE MANUEL RAMERES CHRIST'O LEAL Not'y Publick Notary Publick Not'y Publick

I Certify that the foregoing is a true Translated Copy of the Original Spanish Exam'd by

GARRAT NOEL Sworn Span'h Intep'r

_190. Deposition of William Haddon. November 16, 1759._

Province of New York. Court of Vice Admiralty.

The Deposition of William Haddon who having been before Sworn and now examined on the Interrogatories to be administered to witnesses to be produced, Sworn and Examd. on the part and behalf of Thomas Miller and Sampson Simpson, defendants, at the suit of the attorney General In the name of our Lord the King Libbellant.

1st. To the First of the said Interrogatories this deponent saith that his name is William Haddon, aged thirty eight years, his usually place of residence is at New York, By occupation a schoolmaster[1] and a subject to the King of England.

[Footnote 1: "At a commodious House ... in Bound Brook, Province of East New Jersey, young Gentlemen are educated and boarded on reasonable terms, by William Haddon, Professor of ab, eb, etc." Advertisement in _New York Mercury_, Mar. 30, 1761. He taught there seven years, then at Newark from 1768 on. _New Jersey Archives_, first ser., XX. 548.]

2d. To the second Interrogatory this deponent saith that he knows Richard Haddon, late commander of the private Sloop of war called the _peggy_, that the said Richard Haddon is this deponents brother and he has Known him as long as he has had knowledge.

3d. To the third Interrogatory this deponent Saith that he knew a person called Don Philip, which this deponent supposes to be the same person Philip Vanes, otherwise called Philip De Francois, otherwise called Philip Y Banes, mentioned in the third Interrogatory, that he first saw him the 7th of December 1756, In the Latitude of 21 and 33 m. N.[2] and Longitude 81 deg. and 30 m.

[Footnote 2: The latitude given in the next paragraph, 21 deg. 23' N., must be the correct one. Lat. 21 deg. 33' would be on the island of Cayo Largo. Doc. no. 184 gives lat. 21 deg. 18', long. 81 deg. 57'.]

4th. To the fourth Interrogatory this deponent Saith that he saw a certain Schooner pretended to be a spanish Schooner, But did not know her name, and first became acquainted with her the 7th of December 1756, In the Latitude of 21 and 23 N: and Longitude 81 and 30, this deponent was on board the privateer _peggy_ when the said Schooner was taken, that he was Capn. Clerk,[3] this deponent is not very positive but believes there was about fourteen men on board the said schooner at the time she was taken, that the said schooner had four carriage [and] six swivel Guns at the time she was brought too, as this deponent afterwards heard, and that she had no regular papers or Clearances from any publick authority, as this deponent saw or heard at that time or since. This depont. also knows and remembers that particular pains was taken by Capn. Haddon and all the officers belonging to the said privateer to discover whether there were any regular ships papers or Clearances on board the said schooner at the time of her being taken, and in particular the Capn. when he sent Christopher Miller on board, his first Lieutt., desired him to send all the papers of the schooner on board the privt.; that after the sd. first Liet. got on board he made a search and told the said Capn. Haddon from the said schooner that he could find no regular papers on board her, whereupon the Capn. told him bring all the papers he could find and the Capn. of the sd. Schooner, upon which the Liet. made answer he could not tell which was the Capn.; upon that the Capn. told him to bring two or three of the Likeliest of the men, that he did so and these men belonging to the said schooner came on board, one of which, which the deponent took to be Don Philip, being asked for the papers delivered a pocket book to the Capn. which the Capn opened upon the Quarter deck and took out the papers; that this deponent was there and saw nothing but a few Letters, sealed up and directed to Different persons in Kingston; then sd. Capn. Haddon told the said Philip that he certainly must have more papers; upon that sd Philip shrugged up his shoulders and was Silent, and after that Capn Haddon called to the first Liet., wo [who] was still on board the said Schooner, to make a further Search, and this deponent never heard of any papers at all being found that were satisfactory. the said Philip appd.[4] to be the Capn. or principal officer of the said schooner. this deponent further Says that he heard Capn. Haddon say, upon the peoples asking what he Intended to do with them, that he would carry them to the Havannah, upon which as this deponent understood by the Interpretation of one Francis De Spania, a Spaniard belonging to the privateer _peggy_, and from the Declarations of Capn Haddon, they begged and Intreated he would not, for that if he did they would either be hanged or made slaves, and that they said they did not value the money, and their lives would be of Little Service to Capn. Haddon, and the said Capn. told this deponent the reason he did not send her into any port for condemnation was partly out of humanity to the people and partly in regard to the Interest of his owners. This deponent does not know certainly but has been Informed that the said Schooner was not properly equipped or fitt to come upon this Coast in the months of December or January.

[Footnote 3: Captain's clerk.]

[Footnote 4: Appeared.]

5th. To the fifth Interrogatory this deponent saith that to the best of his Knowledge the said Schooner had on board of her at the time she was brought to by the said privateer _peggy_ about fourteen men, composed of a Mixture of Nations, that the following Quantitys of Money was taken out of the said and brought on board of the _peggy_ and Sorted on the deck and there counted, viz. 5764 Dollar, 10 Doubbloons, 105 pistereen, 1 Two Shilling, 1 shilling, five bitts, two pair of Silver Knee buckles and one Box containing Sundry Trinkets of Gold, to witt, one Bracelet, twenty Gold rings and one pair of Gold Sleeve buttons; it was brought on board in a publick manner and it was sorted and counted in this deponents presence and this deponent understood that the said money and other things were owned among the different persons on board.

6th. To the Sixth Interrogatory this deponent Saith that he heard that the persons on board the said Schooner delivered up or gave the said box or Trinkets to Capn Haddon on condition that he would not Carry the said Schooner with the Crew thereof to the Havannah and further saith not to this Interrogatory.

7th. To the Seventh Interrogatory this deponent saith that he knows that Capn. Haddon acquainted the persons on board the said Schooner with the name of his vessel, his own name, the port she belonged to, and that he should carry the things he had from on board the said schooner to the port of New York for condemnation.

8th. To the eighth Interrogatory this deponent Saith that he remembers That another Schooner was brought to by the _peggy_ some short time before the schooner was brought to out of which Capn. Haddon had the money belonging to the Spanish Nation, and richly Laden and they were Treated extreamly Civil by Capn. Haddon; this depont. Could not observe from any of his conduct that he was desirous to rob or pilfer them, but on their producing regular paper and clearances discharged them, and this deponent knows of his supplying a Spanish Sloop with provisions on the Twelfth of Jan'y 1757.

9th. To the Ninth Interrogatory this depont. saith that he knows of nothing further that will tend to the advantage of the defendt. in this Cause except That Capn. Haddon found a french Letter on board of a prize which he took coming from the Mississippi, from a french officer in Luisiania to a person of distinction in old france, by which he understood that the french were Incroaching upon the Spanish Territories and had still designs so to do, upon which Capn. Haddon Inclosed the said french Letter in a Letter Directed to the Governour of the Havannah, which said Letter this depont. wrote by direction of the Capn.,[5] and that the said Capn. always Treated prisoners and others with humanity and Civilly and always acted with much care.

[Footnote 5: See also doc. no. 184, note 3.]

10th. To the Tenth Interrogatory this deponent Saith that he shall not gain or loose by the event of the suit any other wise than by reason of the near relationship he stands in to Capn. Haddon and by his belonging to the said Vessel in the said Cruize.

WILLM. HADDON.

Examined this 16th of Novr. 1759 Per me SILVESTER, D: Register

_191. Declaration of Don Geronimo de Medrano. November 19, 1759._[1]

[Footnote 1: This and the three succeeding testimonies were taken in Cuba under the commission mentioned in note 1 to doc. no. 184.]

19th of November 1759 Before the Lieut. Auditor General Commissioned in this Cause appeared Ensign Don Geronimo de Medrano a Native and Inhabitant of this City, who being sworn by making the Sign of the Cross according to Custom and promising to declare the Truth, being asked according to the Tenor of the Articles Contained in the Interrogatory and Inserted in the foregoing Copy, he said as follows--

1. To the first he said that he knows Don Phelipe Ybanes and has known him by that Name about twenty four years and knows him to be a Native of St. Lucar de Barameda in Andalusia and an Inhabitant in this City, where he Married in the Year 35 with a first Cousin of this Deponent; That from the year 37 to that of 51 he followed the Business of Working at Husbandry in the Fields near a Dwelling House he had at the Mills and in the Herd yard of Doctor Don Ambrosio de Medrano. Afterward he went to places up the Country where he became Clarke to a privateer Schooner fitted out by the Lieut. at War of the Town of St. John of the Remedys[2] Don Juan Antonio de Royo. Afterwards said Ybanes Informed him that he had been met with by some Englishmen Said to be Privateers near the Coast of this Island (he did not Exactly remember the place) and that they had carried away the Money he took for his Voyage, and is what he heard Commonly Reported in this City, which is all he knows about this Enquiry.

[Footnote 2: San Juan de los Remedios, commonly called Remedios, lies in the middle of the north coast of Cuba, 32 miles east of Santa Clara.]

2. To the second he said that he does not know the said Schooner and is Ignorant of the other particulars in the Enquiery.

3. To the third he said that he is Ignorant of the Contents in this Enquiery.

4. To the fourth he said that he did not know Caleb David nor for what he came to this City.

5. To the fifth he said that he knows nothing about the Enquiery in this Article.

6. To the Sixth he said that he knows one Antonio de Correa, a Spaniard living in this City since the year 1733, that his Employment was bringing Wood from the Coast with Regordete Fregeno[3] but does not know that he made a Voyage in 56, Nor the Embarcation in which he went nor any thing of the rest Enquired.

[Footnote 3: _Regordete_ means short and stout.]

7. To the seventh he said that he knows nothing more to Answer than what he has said to the foregoing.

8. To the Eighth he said that he Expects no Interest from the Result of this Cause and that what he has said and Declared is the Truth, to which he has made Oath and being Dated and Read to him he said it was well Wrote. That he is thirty Six years of Age. to which he set his Hand and his Honour, his Rubric of which I give Testimony.

HERON'O JOS'H MEDRANO.

Before me

JUANFERN'O DEL VALLE. N'y Pub.

_192. Declaration of Don Joseph de la Vega. November 19, 1759._

Immediatly after appeared before the Lieut. Auditor Gen'l Don Jos'h de la Vega, an Inhabitant of this City, and being sworn by making the sign of the Cross according to form of Right and promising to say the truth, Being Enquired according to the Tenor of the Article[s] Comprehended in the Interrogatory and Inserted in the foregoing Copy, said as follows--

1. To the first he said that he has known Don Phelipe Ybanes about twenty years, a Native of Spain and an Inhabitant of this City, having remained here after the loss of the _Flora_[1] and Married Dona Eugenia Suarez, Neice of Doc'r Don Ambrosio de Medrano, that he has seen him taking care of a Herd Yard belonging to the said Doc'r, and at a small Dwelling House Contiguous to it said Ybanes had Kills for making Charcoal and Lime, in which Employ he continued some years. He afterward saw him in this City Employed in buying and selling tile about two years and a half or three years agoe but does not know where he was when absent.

[Footnote 1: The reference is probably to the frigate _Floridana_, which foundered off the Cuban coast in the hurricane of July 15, 1733, which destroyed sixteen ships of the Havana fleet of Don Rodrigo de Torres. Fernandez Duro, _Armada Espanola_, VI. 242-243.]

2. To the second he said that he does not Remember to have heard (but on one occasion about two years and a half agoe) said Ybanes say that he had a Schooner of his Own and that making a Voyage in her he was Robbed by some Englishmen, but did not say where he was bound to nor any other thing particular relating to what is Contained in the Enquiry, for which Reason and not having any knowledge of the said Schooner he cannot give any Acco't of them.

3. To the third he said that he knew Caleb David in this City about the months of March or April in the year 57, having seen him at the House of Elizabeth Berrow the Irish Woman, where he was Informed that he was come with his Wife and some other English People in a Long Boat, having been cast away on the Coast of Campeche,[2] nor does he know that he had ever been in this City before nor what he came about.

[Footnote 2: Yucatan.]

[Transcriber's Note: No 4th item in original.]

5. To the fifth he said that as before mentioned he saw Caleb David with two or three English, but did not know their Names and Consequently is Ignorant if they are the same that are mentioned in the Enquiry and the other particulars thereof.

6. To the sixth he said that he only knew Antonio Correa by sight, by being in Don Phelipe Ybanes's Company, that he has Understood he was a Mariner but can give no particular Account what trade he was Employed in nor the Vessel in which he went at the time Referred to in the Enquiry.

7 and 8. To the seventh and Eighth he said that he has no Interest nor Expects any from the Determination of the Cause; that what he has said and Declared is the truth; that he knows nothing more of these Articles than what he has already Related, of all which he has made Oath and Signed his Name to it, being forty-two years of Age.

JOSEPH DE VEGA.

Before me

JOHNFERN'O DEL VALLE Ny. Pub.

_193. Declaration of Domingo de Armas. November 20, 1759._

In the City of the Havana on the 20th of November 1759, Before his Honour Don Martin de Ulloa, of the Order of St. James, one of His Majestys Council and Auditor Gen'l of said City, Appeared Domingo de Armas, a Native and Inhabitant of this City, and having been sworn according to the usual form by making the Sign of the Cross and therebye promising to declare the Truthe, being Enquired According to the Tenor of the Articles Contained in the Interrogatory inserted in the foregoing Copy, he Answered as follows

1. To the first Article he said that he knows Don Phelipe Ybanes, a Native of the Kingdom of Castele, and settled in this City ever since the loss of the _Flora_, Commanded by Don Rodrigo de Torres, on the Rocks of Florida, and Married here to a Neice of Doc'r Don Ambrosio de Medrano; That he has seen the said Ybanes working in a Dwelling House near the Great Bridges; that he and his Negroes were Employed at the Kills making Charcoal and Lime; That he afterward came to this City where he saw him several times but does not know what Employment he had Excepting that he once heard him say that he had a Schooner in the Coast Trade and that he would discharge the Master for not making so good a Hand of Her as might be Expected, but it is now three Years since he saw him in this City; That he then said he had been Robbed by some English Privateers and that he was thinking to go to Recover the Effects they had taken from him.

2. To the second he said that he has no knowledge of the said Schooner nor of any other particular contained in this Enquiry.

3. To the third he said that there appears nothing from this Enquiry that he can Answer to.

4. To the fourth he said that he knows Caleb David, that He and his Wife lived in the House of Elizabeth the Irish Woman, that he came to this City about three years agoe, as he was Informed, in a Long Boat or Barge, having been cast away on the Coast of Campechy, which is all he can say to this Enquiry.

5. To the fifth he said that he is Ignorant of the Contents of this Enquiry.

6. To the Sixth he said that he only knows Antonio Correa to be a Seafaring Man of middle Stature and brown Complexion, but knows nothing of his making a Voyage at the time mentioned nor of any thing else Contained in this Enquiry.

7. To the seventh can say nothing farther.

8. To the Eighth he said that he has not nor does he Expect any Interest from the Determination of this Cause, That what he has declared is the truth, to which he has made Oath, and is Sixty Years of Age. Signed by him and Rubricated by his Lordship, of which I give Testimony.

DOMINGO DE ARMAS.

Before me

JUAN FERN'O DEL VALLE. N'y Pub.

_194. Declaration of Elizabeth Berrow. November 22, 1759._

In the Havana on the 22 Novemb'r 1759, Before His Honour Don Martin de Ulloa, of the Order of St. James, one of his Maj'ys Council, Lieut. Gov'r and Auditor of this City and Jurisdiction, Commissioned by his Majesty in this Cause, Appeared Elizabeth Berrow, a Widow and Inhabit't of this said City, and Swaring by the Sign of the Cross according to Right and Form, promised to declare the Truth, and being Enquired relating to the Tenor of the Articles Inserted in the Interrogatory and Comprehended in the foregoing Copy Declared as follows--

1. To the first she said that she knew Don Phelipe Ybanes in the year 56 by reason of his having been several times at her House, where Caleb David an English Man Lodged, who he went to see; That she knew said Ybanes to be a Spaniard by having heard it so Reported and that he Married in this City; that he went to Sea in a Shooner of which he was entire Owner, as said Caleb David and Ybanes himself Reported.

2. To the second she said that she understood from said Ybanes that the Schooner which he called his own was Named _Our Lady of the Rosary_ though she never saw said Schooner in this Port. That the said Ybanes before he went out in her came to see Caleb David and told him in the presence of this Deponent that he had been thinking to make a Voyage to Jamaica and that if he had any Commands there he would Execute them, telling him that he carried to the Amount of Eight Thousand Dollars in Money and Gold and Silver Trinkets. Upon which said Caleb David gave him Several Letters of Recommendation for Jamaica and desired him to carry two Englishmen that came with him in the Long Boat from Campeche to this Port where the Embarkation in which they arrived had been Confiscated.

3. To the third she said that she Refers to what she Answered in the foregoing and that it does not appear to her that said Schooner carried any other Cargoe beside the Money and Trinkets as aforesaid, nor does she know if she went to Sea with Correspondent papers and Passports or not, But when Don Phelipe Ybanes Returned to this City and Related to Caleb David how the English Privateers had taken away what he Carried and that he was minded to go to Jamaica and Reclaim his Effects, said Caleb David offered him New Letters of Recommendation and a Certificate that said Ybanes was not risen up as the English had been pleased to Suppose but was only a Merchant.

4. To the fourth she said that she knew Caleb David very well, that he Lodged three Months and odd Days at her House, by means of which she came to know that his coming to this City was to Reclaim some prises taken from the English Nation after the Cessation of Hostilities, to which End he brought Powers from the Concerned and Dispatches from the Court of Gt. Britain which he shewed to this Deponent.

5. To the fifth she said that she knew the two individuals mentioned, the one of which was a German and the other an Englishman, but both Subjects of the King of G'Brit'n and living in Georgia, who came to this City with Caleb David in the aforesaid Long Boat and are the same Persons that he desired Don Phelipe Ybanes to take with him to Jamaica, and she was informed by said Caleb's Wife that in Effect they did go with him, but does not know if they went away by Day or by Night, as they did not Lodge in the Deponents House but on board the Long Boat and only came there once a Day to carry provision, which was Considered to be for Ybanes's Schooner, which he declared was so when he Returned to this City and said that the English Privateer Carried them on board as being Subjects of G't Britain.

6. To the Sixth she said that she only knows Antonio Correa, whose Employ is that of a Mariner, but is Ignorant what Voyage he made in the year and at the time mentioned or in what Vessel.

7. To this she said that she knows nothing of what is Contained in this Enquiry.

8. To the Eighth she said that she neither Expects nor has any Interest from the Decission of this Cause and that what she has Declared is the Truth of which she has given Oath, being Dated. That she is thirty six years of Age. to which she Signs her Name and His Honour has placed his Rubric.

ISABEL DE VERROA.

Before me

JUANFERN'O DEL VALLE. Not'y Pub.

_195. Reversal of Sentence by Appellate Court. December 19, 1760._[1]

[Footnote 1: This document appears, substantially the same, in Sir William Burrell's report in Marsden, _op. cit._ (see doc. no. 184, note 1), p. 185. Ybanez having appealed from Judge Morris's decree, the case came at last before the Lords Commissioners for Appeals in Prize Causes. Their names are given in the heading. Granville, earlier known as Carteret, was lord president of the council from 1750 to 1763, Kinnoull chancellor of the duchy of Lancaster 1760-1762, Mansfield chief justice 1756-1788. Cholmondeley and Falmouth were lieutenant-generals. Nugent and Ellis were vice-treasurers for Ireland and members of Parliament. All these commissioners were privy councillors, all were politicians, none but Mansfield was a lawyer, though the wide range of Granville's learning embraced a considerable knowledge of the law.]

Extracted from the Registry of his Majestys high Court of Appeals for Prizes.

_Friday_ the Nineteenth day of December in the year of our Lord one thousand seven hundred and sixty, before the Right Honourable John Earl Granville, Lord President of his Majesty's Most Honourable Privy Council, George Earl Cholmondeley, Thomas Earl of Kinnoul, Chancellor of the Dutchy of Lancaster, Hugh Viscount Falmouth, John Lord Berkely of Stratton, Samuel Lord Sandys, William Lord Mansfield, Lord Chief Justice of his Majesty's Court of Kings Bench, Robert Neugent Esquire and Wellbore Ellis Esquire, Commissioners (among others) of his Majesty's most Honourable Privy Council for the Receiving, Hearing and Determining of all Causes of appeals as to Prizes, in the Privy Council Chamber at White hall in the Presence of Nathanuel Bishop, Notary Publick, Deputy Register of the said Court.

_La Virgin del Rosario y el Santo Christo de Buen Viage_ Philip Y Banes Mr.

A Business of Appeal and Complaint of } Nullity promoted by Philip Y Banes Master } For Sentence of the Spanish Ship _La Virgin del Rosario_ } on the Second _Y el Santo Christo de Buen Viage_ } Assignation against Richard Haddon Commander of } and Informations. the Schooner _Peggy_ }

Their Lordships having heard the Proofs and Council on Both Sides declared that it Appears to their Lordships that upon the Case laid before the Judge below by the Respondent himself the Capture of the Effects in Question ought to have been deemed Piratical, that the Respondent ought to have been prosecuted for the same and the Effects Secured and that the Proceedings were Irregular and Illegal and the Sentence of Condemnation of the Thirty first March 1757 Appeald from Unjust and Warranted by no Collour of Proof. Therefore their Lordships By their Final Decree or Sentence Reversed the same and Decreed the Ten Doubleoons, five thousand seven hundred and sixty four Dollars, one hundred and five Pistreens, one Bracelet, Twenty Gold Rings, the Silver Buckles and Small Silver, Six Swivel Guns and Shott, one Cask of Powder and Cutlasses and one Bag of Indigo to be Restored or the Value thereof to be paid to the Claimant, and Condemned the Captor in Costs and Damages and their Lordships are of opinion that the Governor of New York ought to cause the Bond given by the Captain of the Privateer to be put in Suite and apply the Penalty for the Benefit of the Claimant.

GODF'Y LEE FARRAND, Register of his Majesty's high Court of Appeals for Prizes.

_196. Appeal of Miller and Simpson. July 7, 1761._[1]

[Footnote 1: For Miller, see doc. no. 186, note 3; for Simpson, doc. no. 187, note 3. The Lords Commissioners for Appeals, in pronouncing the decree just preceding, evidently considered that the whole matter was before them; but Judge Morris, July 4, 26, 1761, declared that the sentence reversed by them was solely that of Mar. 31, 1757, condemning as prize the goods brought by Haddon, and that their decree was no reversal of the sentence of Feb. 10, 1759.]

Thomas Miller and { Sampson Simpson { New York Court of Vice _ad's_ { Admiralty. The King {

Whereas you the Honorable Lewis Morris, Esqr., Commissary and Judge of the Court of Vice Admiralty for the Province of New York, did lately pronounce your Decree against us in the above Cause, whereupon we by our advocate or Counsel did pray Leave to appeal therefrom and to have Time to perfect the same, We do accordingly hereby protest against the said Decree or Sentence against us and appeal therefrom to the Commissioners appointed or to be appointed under the Great Seal of Great Britain for receiving, hearing and Determining of appeals in Causes of Prizes; and we offer to do every Thing the Law requires that we may have the full Benefit of the said appeal and do for that purpose pray that the Apostells[2] may be delivered to us in due Time this 7 July 1761.

[Footnote 2: The apostles were a set of documents in the case, made up as a record for the use of the higher court.]

THOMAS MILLER. SAMPSON SIMPSON.

WM. SMITH Junr, Advocate for the Defendant.

THE _DAGEROED_.

_197. Bill of Health. November 9, 1757._[1]

[Footnote 1: From the files of the New York vice-admiralty court, in custody of the United States district court, in the federal building.]

Omnibus hasce literas inspecturis significamus nos, Consules et Rectores Civitatis Roterodamensis Comitatus Hollandiae, declaramusque veritatis certi Petrum Lagerboom, Civem Amstellodamensem magistrum hujusce navis nominatae _Dageroed_, certi oneris, vulgo lasten, circiter Centum et quinquaginta capacis, merces suas, quibus onerata navis est, ei in hoc oppido imposuisse, uti easdem vento secundo In Indos occidentales deveheret, quemadmodum idem magister, nec non praedictae navis exercitores nobis indicarunt, petentes a nobis libellum dimissionis et literas assertorias, quibus exteri certi reddantur, hanc Civitatem nec Peste, nec ullo alio morbo contagioso, infestari. Enimvero cum officii nostri sit civium nostrorum commodis non deesse, et veritati testimonium perhibere, praescertim iis id expetentibus, omnes, ad quorum curam haec res pertinebit, certos facimus, nec Peste, nec ullo alio morbo venenoso, Dei Opt: Max: beneficio, hanc Civitatem infectum esse: proindeque rogatos volumus, uti magistro huic una cum navi, sociis navalibus, et mercibus liberum concedant commeatum et facultatem largiantur, mercaturam libere terra marique exercendi, prohibeantque ne ulla ei in eo remora objiciatur; quin potius uti adjumento sint, commodo ejus id flagitante; quo nos ad reddenda eadem officia devincent arcte obstringentque: In quorum fidem hasce literas sigillo nostro, quo publice ad causas utimur, muniri, et manu ejus, qui nobis est a Secretis, signari voluimus nono die mensis Novembris anni partae Salutis millesimi septingentesimi quinquagesimi Septimi stylo novo.

J. BJELLE.

_Translation._

To all who shall examine these letters, we, the burgomasters and schepens of the city of Rotterdam in the county of Holland, signify and declare, of certain truth, that Peter Lagerboom, citizen of Amsterdam, master of this ship called the _Dageroed_, of about 150 lasts burden,[2] has loaded his wares, with which the ship is freighted, upon her in this town, in order to transport them, with a favorable wind, to the West Indies, as the said master and the officers of the said ship have declared to us, asking from us a let-pass and clearance, by which foreigners may be assured that this city is not infested by a plague or any other contagious disease. Since certainly it is a part of our official duty to meet the needs of our citizens and to offer testimony to the truth, especially for those who ask it of us, we assure all those to whose care this matter belongs, that through the goodness of God Almighty this city is not infected with the plague or any other deadly disease; and accordingly we desire that those who are requested should accord to this master, together with his ship, his shipmates and goods, free transit and the opportunity to carry on traffic freely by land and sea, and should prohibit that any hindrance should be offered to him in this matter, nay rather that they should aid him, when his needs require it; whereby they will lay us under strict obligations to render to them the same good offices. In testimony whereof we have caused these letters to be provided with our seal which we use publicly for business,[3] and signed by the hand of our secretary, on the ninth day of November in the Year of Salvation 1757, new style.

J. BJELLE.

[Footnote 2: The last was about two tons.]

[Footnote 3: In Continental practice, a municipal corporation usually had, besides its great seal used for the more solemn public documents, a lesser seal, called the _sigillum ad causas_, used for minor public documents or for private papers authenticated by public authority. This paper bears a seal having the legend "Sigillum ad causas oppidi Rotterodami", encircling an impression of a castle with portcullis, standing on a shore, with a swan swimming in front of the gate.]

* * * * *

_198. News of Privateers. May 19, 1757._[1]

[Footnote 1: From the _Boston News-Letter_ of May 19, 1757.]

By a Master of a Vessel lately arrived from Hispaniola, we are inform'd, that on the 13th of April there lay at Port of Prince[2] a Brig of about 120 Tons, mounting 14 Carriage Guns, and 200 Men, also a Sloop about 70 Tons, 8 Carriage Guns and 100 Men, both intended in Consort (as it was there said) for the Coast of New-York and thereabouts. The Brig is Rhode-Island built, black sides, with a white Bottom, the Sloop is painted very gay, as with red, yellow, black and green. He heard likewise that at another Port in the said Island, there was fitting out a Snow (which had been lately a Packet taken from the English) to mount 16 Carriage Guns, and to be commanded by one Palanqui (a very noted Commander) to come on the same Coast.

[Footnote 2: Port au Prince, on the west coast, the present capital of Haiti.]

We hear from Bristol, in Rhode-Island Government, that Capt. Mark-Anthony De Wolfe[3] in a Privateer Sloop of 50 Tuns, with 40 Hands and 6 Guns, belonging to Warren, sail'd from thence the 24th of April, and put into Newport, from whence she sail'd three Days after; and on the 4th of this Instant May, to the Northward of Bermudas, took a French Snow of 150 Tons, with 18 Men, who made but little Resistance, having but 2 Guns, and no one killed or wounded on either side: The Privateer return'd with her Prize to Bristol the 15th, having finished this Cruize in 3 Weeks to an Hour. The Cargo of the Snow consists of 200 Hogsheads of Sugar, a Quantity of Coffee, Indigo, Elephants-Teeth, Logwood, etc. and was bound from St. Domingo for Old-France.

[Footnote 3: He was brother-in-law of Captain Simeon Potter, and sailed with him, as clerk, on the _Prince Charles of Lorraine_ (see docs. nos. 176, 177) in 1745. His son, James De Wolf, United States senator 1821-1825, was one of the most successful of owners of privateers; one of his vessels, the _Yankee_, captured or destroyed five million dollars' worth of British property during the war of 1812. Munro, _Tales of an Old Sea Port_, pp. 214-223.]

Yesterday the Privateer Ship _Hertford_, commanded by Capt. Thomas Lewis, lately fitted out from this Place, brought into our Harbour a valuable French Prize, a Ship of about 240 Tuns, which he took about three Weeks ago, to the Southward of Bermudas in Lat. 29: She was bound from Porto Prince in Hispaniola to old France; her Cargo is said to consist of 400 Hogsheads of Sugar, and a considerable Quantity of Indigo, Cotton-Wool, Hides, etc. valued at about 9000L Sterling. She sail'd out with 4 other Vessels bound also to France, and had parted from her a Day or Two before she was taken: One of which is the Prize carried into Bristol as beforementioned; and another of them is said to be the trading Sloop that was seized at Rhode-Island last Week. Two other Vessels, they say, sail'd the Day before them for Cape-Breton.

Several French Letters found on board this Prize confirm the Arrival of the Squadron mentioned in our last, commanded by Monsieur Beaufremont;[4] and that he had sent out two Frigates to clear the Coast of our Privateers; but that the English Squadron approaching, they ran into Porto Paix,[5] and informed the French Admiral thereof; who thereupon put to Sea, and a great Number of Cannon were heard for several Hours; so that we may expect to hear of some smart Engagement.

[Footnote 4: The Chevalier de Bauffremont, prince de Listenois, _chef d'escadre_ in the French navy and later vice-admiral, had sailed from Brest at the end of January, with a squadron of six vessels, for St. Domingo, capturing the _Greenwich_, 50, on his way. From the West Indies he sailed for Louisbourg, where he arrived May 23. Lacour-Gayet, _La Marine Militaire de la France sous Louis XV._, pp. 383, 495.]

[Footnote 5: Port au Paix, on the north coast of Haiti.]

_199. Letter of William Smith, jr. April 8, 1757._[1]

[Footnote 1: London, Public Record Office, Admiralty, 1:3882.]

NEW YORK 8 April 1757.

_Sir_,

On the 6th Instant, a French Snow[2] laden with Sugar[3] and Indigo, to a very considerable Value, was brought into this Port, by two English Merchant men, who captivated her on the High Seas in March last, tho they had neither Letters of Marque nor other Commission.

[Footnote 2: _Le Bon Rencontre._ The case was a curious one (notes of Judge Hough, from the papers relating to it in the files of the New York vice-admiralty court). On March 22, 1757, this French snow of 160 tons, while on a trading voyage from Port Louis in Guadeloupe to Bordeaux, was captured off Bermuda by the English ship _Maxwell_, Etherington master, and the New York sloop _St. Stephen_, Thomas, who sent her with an English crew to New York; but neither of them had any letters of marque, or commission authorizing them to take prizes. The snow was brought to anchor inside Sandy Hook. Early in the morning of April 6, John Crew, captain of the New York privateer _Fox_, came aboard from a small boat with a few men, and took possession. Later, the snow was taken over by the _Sutherland_ man-of-war. Thus, the _Bon Rencontre_ was without doubt a captured enemy vessel, but the captors had not been authorized privateers, and the authorized privateer and the king's ship had not made the capture. Under these circumstances the admiralty judge, Lewis Morris, ordered the marshal to take custody of the snow, and appointed Benjamin Nicoll and William Smith, jr., the writer of this letter (see doc. no. 188, note 13), to be advocates for the Lords of the Admiralty, whose interests seemed to him to be involved. Thus there were four parties claiming--the original captors, Crew, the King, and the Admiralty. April 7 the snow was libelled on behalf of the Admiralty. Later, Etherington withdrew and Crew's claim was ruled out, but as between the King and the Admiralty Judge Lewis Morris gave no decision before his death in 1762. His successor, Judge Richard Morris, gave judgment Aug. 10, 1764, but it has not been preserved.]

[Footnote 3: 200 hogsheads, says the _New York Gazette_ of Apr. 11; the _Gazette_ of June 27, by the way, enumerates 23 privateers then in New York harbor.]

After her Arrival in Port, she was seized first by a Privateer, and then by the _Southerland_ Man of War, who both claim her as their Property respectively.

Colonel Morris, the Judge of the Vice-Admiralty, apprehending that the Lords of the Admiralty might be interested, issued a Warrant, by which the Snow was taken into the Custody of the Marshal of that Court; and as their Lordships have as yet appointed neither Proctor nor Advocate in this, and the Colonies of Connecticut and New Jersey, his Honour the Commissary was pleased on this Occasion to assign Council (as you will perceive by the inclosed) to examine into the Affair, and prosecute on their Lordships Behalf.

We have accordingly interposed a Libel for that Purpose, and let me beg the Favour of you, to wait upon their Lordships, for an authentic Copy of their Patent, and such Information, as may be thought proper to be transmitted.

Whether their Lordships, in Case of a Sentence in their Favour, will be pleased to consider the Captors, or chuse rather to reserve the Prize to themselves, I conceive it will be necessary, that a proper Power be sent over; of which you will be so good as to put their Lordships in Mind; and whatever Directions and Papers are given into your Hands, please to forward them with the utmost Dispatch to,

Sir,

Your most obedient humble Servant

WM. SMITH Junior.

Captain Morris,

[_Endorsed:_] By the _Leicester_ Packet: To Staats L. Morris, Esquire, London.[4]

[Footnote 4: Staats Long Morris, son of the judge and brother of the "signer" Lewis Morris, was at this time a captain in the British army, later married the Dowager Duchess of Gordon, and died a British general.]

_200. Letter of Stephen Hopkins. January 15, 1757._[1]

[Footnote 1: Public Record Office, Admiralty, 1:3819. The writer, Stephen Hopkins (1707-1785), celebrated as a governor of Rhode Island (1755-1757, 1758-1762, 1763-1765, 1767-1768) and a signer of the Declaration of Independence, was at this time governor. The letter is a duplicate bearing an original signature. It was addressed to Richard Partridge, agent in London for the colony from 1715 to 1759. He dying March 5, 1759, receipt of this letter is acknowledged by his executor, Joseph Sherwood, May 11; letter in Miss Kimball's _Correspondence of the Colonial Governors of Rhode Island_, II. 289. Sherwood, appointed agent as Partridge's successor, pursued the general assembly's request, but apparently without success, the Lords of the Admiralty thinking it unnecessary to appoint a register and marshal in Rhode Island, when there were already such officers in Massachusetts; _ibid._, II. 289, 293, 298, 304, 306.]

RHODE ISLAND January 15, 1759.

_Sir_,

You may remember that near a Year ago I wrote you by Order of the General Assembly to endeavor to procure a Judge of the Court of Vice Admiralty to be appointed within and for this Colony.[2] And as you very soon finished that Affair successfully, a Judge being appointed and commissioned, so he hath been accordingly sworn into his Office. Notwithstanding this being so far done, yet there appears to be a Deficiency of the Officers of that Court, as no Register or Marshal have been appointed. It is true there hath commonly been a Deputy Register in this Colony appointed by a Principal living in Boston at a great Distance from the Colony, and within another Jurisdiction, which seems incompatible, and it is solely at his Option, whether he will appoint a Deputy to attend in this Colony or not, the Inconvenience of which is obvious at the first View: And it doth not appear that any Commission hath been given for a Marshal of the Court of Vice Admiralty in this Colony since one Mr. Gibbs was appointed to that Office who hath been dead many years.[3]

[Footnote 2: By vote of the assembly, _R.I. Col. Rec._, VI. 107, passed at the October session of 1757, Stephen Hopkins was instructed to write to London requesting the appointment of a vice-admiralty judge especially for Rhode Island, and recommending Col. John Andrews to be the person. He wrote to Partridge, who on May 13, 1758, acknowledges receipt of the letter, Kimball, _Corr. Govs. R.I._, II. 273, and on May 24 announces his success, _ibid._, II. 275, where also is printed the warrant of the Lords of the Admiralty to Sir Thomas Salusbury, judge of the High Court of Admiralty, to issue a commission to Andrews. Thus Rhode Island was taken out of the jurisdiction of Chambers Russell, vice-admiralty judge at Boston, who is commonly said to have been judge for all southern New England from 1750 to 1767. Andrews remained judge till the Revolution.]

[Footnote 3: George Gibbs, appointed marshal about 1743, _ibid._, I. 244.]

The General Assembly, sensible of the great Inconveniences and Mischiefs likely to attend the Want of those Officers, as you will see by their Vote accompanying this Letter, have directed me in their Behalf to desire you immediately to make proper Application to the Lords of the Admiralty, and use your utmost Endeavours to obtain a Register and Marshal of the Court of Vice Admiralty to be appointed and commissioned for this Colony.[4] You will also perceive by the aforesaid Vote of the General Assembly that they desire the Office of Register may be obtained for Mr. Thomas Vernon,[5] and that of Marshal for Mr. William Mumford,[6] who have been the acting Persons in those two Offices in this Colony for near Twenty Years past, and have each in their several Duties of Office conducted themselves unblameably, and in all other Respects maintained unblemished Characters.

[Footnote 4: Vote in _R.I. Col. Rec._, VI. 174.]

[Footnote 5: Postmaster of Newport. His diary during his banishment thence as a Tory in 1776 has been printed in _R.I. Hist. Tracts_, XIII. (Providence, 1881).]

[Footnote 6: Captain of Fort George, Newport.]

I am certain it must be needless for me to say any Thing further of this Matter, since you will have the General Assembly's Order concerning it, which must have infinitely Greater Weight in urging you to prosecute this Affair, with Zeal and Dispatch, than any Thing I could say.

In Behalf of the Colony and for myself, with great Regards I subscribe

Your faithful Friend, and the Colony's Obedient Servant

STEP: HOPKINS.

_201. Notes on Commissions for Trying Pirates. March 10, 1762, August 26, 1772._[1]

[Footnote 1: Public Record Office, Admiralty, 1:3679. The note of March 10, 1762, and the list of commissions, were enclosures in the note of Aug. 26, 1772. The writer, Samuel Seddon, was solicitor to the Admiralty. John Clevland, to whom the earlier letter was addressed, was secretary to that body from 1751 to 1763; Philip Stephens, from 1763 to 1795. For these commissions to try pirates, see doc. no. 51, note 2, and doc. no. 106, note 1. The death of George II. and the accession of George III., 1760, made necessary the issue of new commissions. The persons included in the commission were, in each case, the governor, the vice-admiral, flag-officers, and commander-in-chief of any squadron within the admiralty jurisdiction of the colony, its lieutenant-governor and council, the chief civil judge, the judge of the vice-admiralty, the captains and commanders of royal ships within the jurisdiction, the secretary of the colony, the surveyor general of customs, and the collector of plantation duties. _Acts of the Privy Council, Colonial_, IV. 485-487; John Adams, _Works_, IX. 628.]

_Sir_,

I take the Liberty to acquaint you, that in Obedience to the Directions of my Lords Commissioners of the Admiralty, signified by your Letter of the 30th December last, I have solicited the passing of several Commissions through the proper Offices, for Trying Pirates at the following Places, Vizt.

{ At Jamaica, By the _Danae_ { Barbadoes, { The Leeward Islands.

{ The Bahama Islands, { South Carolina and Georgia, By the _Gosport_ { North Carolina, Maryland, and Virginia, { New York, New Jersey, { Pensilvania and Connecticut.

} Massachusets Bay, By the _Launceston_ } Nova Scotia, } Newfoundland, and By the _Gosport_ Bermuda Islands.

And I herewith send you the Said Commissions, being Eleven in Number, which have been passed under the Seal of the High Court of Admiralty, and are all dated the 14th day of January last.

I am

Sir

Your most humble and most obedient Servant,

SAM'L SEDDON.

PICCADILLY 10th March 1762. Honourable John Cleveland Esquire

_Sir_,

In Obedience to the Directions of my Lords Commissioners of the Admiralty signified to me in your Letters of the 24th instant, That I should let you know what Commissions for the Trials of Pirates in America, I have passed through the several Offices, in Consequence of Mr Cleveland's Letter of the 1st February 1762, and the Time when, and by what Conveyances I sent them to the respective Colonies: And also, whether any Commission has been passed in His present Majesty's Reign for Trying Pirates at Rhode Island; I take the Liberty to acquaint you for their Lordships Information, that in Obedience to an Admiralty Order signified to me in a Letter from the late Mr. Secretary Cleveland dated the 30th day of December 1761, I solicited the Passing of Eleven Commissions for trying of Pirates at _Rhode Island_, and other Places in America, all which were dated the 14th of January 1762 as appears by the enclosed Extract, taken from the Entries thereof made in the Register's Office at Doctors Commons; And I further take the Liberty to acquaint you, that on the 10th day of March 1762, I sent the said Eleven Commissions to Mr. Cleveland; as appears by the enclosed Copy of my Report to their Lordships of that Date

I am

Sir

Your most humble and most obedient Servant,

SAM'L SEDDON.

PICCADILLY 26th August 1772.

Philip Stephens Esquire.

Extract of Commissions for Trying Pirates in America. 14th January 1762.[2]

[Footnote 2: The figures refer to pages in the appropriate volume of the registers of the High Court of Admiralty.]

} Commission for trying such } North Carolina } Pirates as shall be taken and } Maryland, and } carryed into His Majesty's } 169 Virginia } Provinces of North Carolina, } } Maryland and Virginia. }

} Commission for Trying such } Bahama } Pirates as shall be taken and } 176 Islands } carried into His Majesty's Bahama } } Islands. Dated the same Day. }

} Commission for Trying such } } Pirates as shall be taken and carried } Bermuda } into His Majesty's Bermuda } 180 Islands } Islands. Of the same Date. }

} Commission for Trying such } Island of } Pirates as shall be taken and carried } Newfoundland } into His Majesty's Island } 184 } of Newfoundland. Of the same } } Date. }

} Commission of the same Date, } Province of } for Trying such Pirates as shall } Nova Scotia } be taken and carried into His } 187 } Majesty's Province of Nova } } Scotia. }

} Commission of the same Date, } Island of } for Trying such Pirates as shall } 191 Barbadoes } be taken and carried into His } } Majesty's Island of Barbadoes. }

} Commission of the same Date, } New York } for Trying such Pirates as shall } New Jersey } be taken and carried into His } 195 Pensylvania } Majesty's Provinces of New } and Connecticut } York, New Jersey, Pensylvania, } } and Colony of Connecticut. }

} Commission of the same Date, } Leeward } for Trying such Pirates, as shall } 200 Islands } be taken and carried into His } } Majesty's Leeward Islands. }

} Commission of the same Date, } Island of } for Trying such Pirates, as shall } 205 Jamaica } be taken and carried into His } } Majesty's Island of Jamaica. }

} Commission of the same Date, } Provinces of } for Trying such Pirates, as shall } South Carolina } be taken, and carried into His } 209 and Georgia } Majesty's Provinces of South } } Carolina and Georgia. }

} Commission of the same Date, } Massachusetts } for Trying such Pirates, as shall } Bay, New } be taken, and carried into His } Hampshire } Majesty's Provinces of the } 214 and Rhode } Massachusetts Bay and New } Island } Hampshire, and Colony of Rhode } } Island. }

_Sir_,

The _Danae_ sailed 6th May 1762 for Jamaica and Leeward Islands.

_Gosport_ 7 April 1762 for Virginia and Maryland.

_Launceston_ 7 April 1762 New England.

but cannot find out how the Pacquets to Nova Scotia and Newfoundland were conveyed.

_202. Articles of Agreement; the Mars. June 23, 1762._[1]

[Footnote 1: Printed broadside, 20 by 16 inches, preserved among the papers of the New York vice-admiralty court, no. 85 in the "large book". It bears near the heading a picture of two vessels, with the legend, "Success to the Brigantine _Mars_." With these elaborate articles of agreement may be compared the articles of agreement, substantially similar, of the Rhode Island privateer _Defiance_, 1756, in the _Newport Historical Magazine_, II. 198-204, or those of the _General Washington_ and the _Belisarius_, 1781, presented in facsimile in the _N.Y. Geneal. and Biog. Record_, LIII. 349-351.]

_New-York, June 25, 1762. Articles of Agreement Made and Agreed upon, Between Capt. Dennis M'Gillycuddy,[2] Commander of the Privateer Brigantine, call'd, the Mars, and Company. (Printed by H. Gaine, in Hanover-Square.)[3]_

[Footnote 2: The _Mars_ came in on Apr. 21 from a previous cruise, under the same captain. _New York Mercury_, Apr. 26, 1762. May 22, the vice-admiralty court pronounced a decree in a suit brought by her commander, as libellant, against the prize snow _Johnson_. July 2, we find him, as owner of the _Mars_, 16 guns, petitioning for a fresh commission as commander of her. _Cal. Hist. MSS. N.Y._, II. 732, 734. "On Monday last [July 5] sailed from the Hook, on a Cruize against his Majesty's Enemies, the Privateer Brig _Mars_, Capt. McGillycuddy"; _Mercury_, July 12. The issues of Oct. 18 and Nov. 29 show that she made many prizes, but lost her captain.]

[Footnote 3: Hugh Gaine, the celebrated printer of the _New York Mercury_, had his shop at the Bible and Crown in Hanover Square from 1757 to 1800. _Journals of Hugh Gaine_, ed. Paul L. Ford, I. 8, 9.]

_Imprimis_, That the said Dennis McGillycuddy, for himself, and in Behalf of the Owners of the Privateer, shall put on board the said Brigantine a sufficient Number of Great Guns, Small Arms, Powder, Shot, and all other necessary warlike Stores and Ammunition; as also, suitable Provisions sufficient for the said Brigantine, during the whole Cruize; which Cruize is to be understood to be from the time of the said Brigantine's sailing from the Port of New York, until the Time of her returning thither again, for which there shall be no Deduction made out of the said Company's Shares: And in Consideration thereof, the Owner of the said Brigantine or his substitutes, shall have and receive _One Half_ of all Prizes, Goods, Wares, Merchandizes, Monies, Effects, etc. that shall be taken during this Cruize; the other _Half_ shall be divided, and paid to the said Brigantine's Company, by the Captain aforesaid, according to the Rules hereafter stated.

II. That the Captain shall have and receive, for himself, _Six Full Shares_, and shall be granted all Privileges and Freedoms which have been granted any Captains of Privateers: That the Lieutenants and Master, shall each of them have _Three Full Shares_, That the Captain's Clerk, Mates, Steward, Prize-Master, Gunner, Boatswain, Carpenter, and Cooper, shall each of them have and receive, _Two Full Shares_. That the Gunner's Mate, Boatswain's Mate, Doctor's Mate, Carpenter's Mate, and Cooper's Mate, shall each of them have and receive _One Share and a Half_.

III. That the doctor of the said Privateer, or whoever is at the Expence of the Chest of Medicines, shall have and receive the Sum of ---- Pounds, if well furnished. Also the doctor shall have and receive for himself _Three Full Shares_, as also all Medicines and Instruments belonging to any Doctor that shall be taken.

IV. That if any Person spies a Sail, and she proves to be a Prize worth One Hundred Pieces of Eight a Share, he shall receive Forty Pieces of Eight at Six Shillings. And the first Man who enters on boarding a Prize in an engagement, and strikes her Colours, shall receive Half a Share for his Bravery.

V. That all the rest of the said Brigantine's Company, such as shall be deemed able and sufficient Seamen, shall each of them have and receive _One Full Share_, out of the Effects, Plunder and Prizes, that shall or may be taken by the said Brigantine during the Cruize, Provided, They are not found guilty of the Faults or Crimes hereafter named.

VI. That as to the Proceedings of the Vessel, and undertaking any Enterprize at Sea, or on Shore, and into what Port any Prize shall be Carried that shall be taken during the Cruize, shall be left entirely to the Captain's Election.

VII. That whoever of the Company shall breed a Mutiny or Disturbance, or strike his Fellow, or shall Game with Cards or Dice for Money, or any Thing of Value, or shall sell any strong Liquors on board, during the Voyage, he or they shall be fined as the Captain and Officers shall direct. And if any of the Company be found pilfering or stealing any Money or Goods of what kind soever, belonging to the said Privateer or Company, he or they shall forfeit his or their Share or Shares of the Prize-Money or Effects then and afterwards taken by the said Brigantine, during the whole Cruize, to the Owner and Company.

VIII. That if any of the Company in an Engagement with the Enemy, or in the true Service of the Cruize, shall lose a Leg or an Arm, or be so disabled as to be deprived of the Use of either; every such Person shall be allowed out of the effects or Prize first taken, (before any Division be made) the Sum of _Six Hundred Pieces of Eight_, at Six Shillings; or the Value thereof in Goods, at the Price according to public Sale: But if there be not so much taken at that Time, the vessel and Company shall keep out till they have enough for that Purpose; Provided no extraordinary Accident happens.

IX. That all the small Plunder, shall be brought to publick Sale, and be delivered to the highest Bidder, for which their Shares shall be accountable, excepting the Captain's Perquisites, which are such as did belong to the Captains of Prizes, and such Clothing as the Captain shall think proper to allow the Prisoners.

X. That if any Person belonging to the said Brigantine, be killed in an Engagement, or die on board, his Share or Shares, of all Prizes taken in his Life-Time, shall be paid to his Executors, if so appointed by Will; but if no Will be made, then his Part of what was got as aforesaid shall go to his Widow, or Heirs at Law, if claim'd in Twelve Months, from the Time of the said Brigantine's Arrival into her commission'd Port; and on Failure thereof, said Share or Shares shall be and belong to the general Interest of the Whole.

XI. That if any of the Company do disannul any of the Officers Commands for the Good of the Cruize, or the general Interest, he or they shall be fined and punished as the Captain and Officers shall direct. And if any of the Company do Assault, Strike or Insult any Male Prisoner, or behave rudely or indecently to any Female Prisoner, he or they shall be punished as the Captain and Officers shall direct. And if any of the Company begin an Attack, either by firing a Gun, or using any Instrument of War, before Orders be given, by the proper Officers, he or they shall be punished; but if any of the said Company do refuse to make an Attack on the Enemy, either at Sea or Land, at the Command and in the Manner ordered by the Captain and proper Officers, or do behave with Cowardice in any Engagement, he or them shall forfeit his or their Share or Shares for such Refusal or Cowardice; and if any of the Company get drunk, or use blasphemous and prophane Words, they shall be punished as the Captain and Officers shall direct: And likewise if any of the Company do desert the said Schooner before her Return to New-York, he or they shall forfeit their whole Shares to the Owner and Company, first paying such Brigantine's Debts as are contracted by the Captain's Knowledge.

XII. That at the Division of any Money or Effects taken this Cruize, ---- Dead Shares shall be deducted out of the Whole, which shall be divided by the ---- amongst the most Deserving and them that does most for the benefit of the Cruize.

XIII. That any Prize or Prizes that shall be taken during the Cruize, shall be with all Speed sent into the Port of New-York, in order that the same may be libelled against in the Court of Admiralty for Condemnation, and to no other Place whatsoever, except said Prize shall be so disabled that she could not proceed to said Port: And any Person or Persons which shall be aiding or assisting, or shall give his or their Consent for sending any Prize or Prizes, into any other Port but the Harbour of New-York aforesaid, shall forfeit his or their Share to the Owner and Company; and that no Division shall be made till they return to the Port of New-York.

XIV. That in Case any neutral Property, or any Property whatever, be taken and sent into Port, and after Condemnation be had, an Appeal should be entered by the Claimants, then, and in such Case, it shall be Lawful with the full Consent of the Captain and Company of the said Privateer, for the Owner, or his Attorney, to compromise, compound, and settle, by giving up any Sum or Part of the Prize, as shall seem most advisable to him for the general Interest, that the Captain and Company may receive each and every one of them their just and lawful Right and Prize-Money, and not be kept out of their Money until the Appeal may be determined in England; and in Case no such Compromisation can be made, then a certain Sum, shall be lodged out of the Prizes before taken, to prosecute the said Appeal: And it shall likewise be lawful for the Owner or Agent of the said Privateer to discharge any Capture that may be made during his said Cruize, without the formality of a Prosecution, in order that all unnecessary Charges may as much as possible be avoided.

XV. That it shall not be lawful for the said Officers and Company, or either of them, to demand or sue for the Prize-Money so to become due to them, or any Part thereof, until fourteen Days after the Sale of such Prize or Prizes, the Settlement of the Accounts relating to the said Cruize, and the actual Receipt of the Money by the Agent appointed to manage the Affairs of the said Cruize.

XVI. That if it should happen, that the said Briganteen, by Means of any Fight, Attack, or Engagement, be lost, sunk or disabled, so as she may be thereby rendered unfit for any further Service as a private Vessel of War to cruize; that then, and in such Case, the owner of said Brigantine, shall be entitled to take to himself, and for his own sole Use and Property, any Ship or Vessel taken during the Cruize, with her Guns, Tackle, Furniture, Ammunition and Apparel, not exceeding the Value of the Brigantine at the Time of her Sailing; which Ship or Vessel so taken shall be to the Owner in Lieu of the said Brigantine.

XVII. That in Case of the Death of the Commander, the next in Place shall strictly observe and comply with the Rules, Orders, Restrictions and Agreements, between the owner of the said Brigantine and the said Commander.

God Save the King, and Success to the _Mars_, and all her brave Crew.

_203. Certificate of a Negro's Freedom. June 26, 1762._[1]

[Footnote 1: From the papers of the New York vice-admiralty court,