118. John Menzies to the Secretary of the Admiralty (?). July 20, 1721.[1]

Copy

Sir

Since I transmitted to you Copies of my Decrees with reference to Captain Smart's Seizure when in this place,[2] I have not given you the trouble of any Information of my Proceedings, or Complaints, The Provincial Judges in Colonel Shute's Government and I having come to a better understanding in relation to Prohibitions, by his Countenance in Complyance with their Lordships Order.[3]

This comes that the Lords Commissioners for Executing the Office of Lord High Admiral may be informed of a Case that hath lately occurred within the jurisdiction of Admiralty contained in my Commission,[4] Namely, One Benjamin Norton of Rhode-Island, and One Joseph Whippole, a Considerable Merchant of that Colony,[5] did fit out a Brigantine, and sent her under the Command of the said Norton to the West Indies last Fall (a Vessel by Common Observation more fit for Pirates than Trade for which they pretended to Employ her) who Fell in with the Pirates at St. Lucia in January last, and was (as he saith) taken by One Roberts a Pirate, though by the Sequel it appears, he is more to be considered as one of their Assistants and Correspondents, for after he had remained with them Six or Seven Weeks, They took a Ship Dutch Built of 250 Tuns Burthen, or thereby, and having Loaded her with Sugars, Cocoa, Negroes, etc. of very considerable Value, All this they gave to him for his Brigantine though of much more Value than She, and by the most Judicious in the Country, is supposed to have been committed to him as one of their Trusties, to Vend the Cargo in that Colony, a Practice not without precedent in that Colony these several Years past, if my Information fail not;[6] however, be that as it will, he comes with this Ship and Cargo into Tarpaulin Cove,[7] a Place lying between the Province of the Massachussets Bay and Rhode Island, where (by the by) the Pirates used to come to infest Our Coasts in April last: And did in a Clandestine Manner advise the said Joseph Whipple of his arrival.

And having dropped Anchor there, he fired at, and brought too several of Our Coasters, upon which a Rumour arose, that the Pirates were on the Coast, whereby Our Coasters, except his Accomplices who understood better, were deterred for some Days from Falling within his reach, And in the interim, the aforesaid Whipple, with One Christopher Almy, and One Pease, also considerable Traders of New Port in Rhode Island, with some others, did improve that Opportunity, and carried off and conveyed about 30 of the Negroes, with considerable Quantities of the Sugars, Cocoa, etc., partly in Sloops sent out by them for that purpose, and partly in such others as they intrusted therewith, and a great part of which was by the said Almy and Whipple directed to Providence Plantacion and recommended to the Care and Conduct of One Whipple,[8] Brother to the said Joseph, that Place being their Ordinary Mart and Recepticles for such Cargoes. But so many accessaries were concerned, and the Cargo so considerable, the Secret was Discovered, and thereupon the Officers of his Majesty's Customs, both in the Province of Massachussets Bay and Colony of Rhode Island, did exert themselves, and the Collector at Boston did Seize upon the Ship and remainder of the Cargo,[9] The said Benjamin Norton upon the Discovery having relinquished the Ship and absconded. And the Surveyor and Searcher at Rhode Island did Seize upon and Secure the Sloop belonging to one Draper, employed by the said Joseph Whipple, in which a considerable Quantities of the Sugars, etc., had been carried off, And did insist against them, upon the breach of the Acts of Trade, for Neglect to make Entries as the Law directs. Upon which Informations I gave Decrees finding the same lawful Seizures, and Ordered the Values thereof (after Sale should be made) to be Paid into Court, in regard of the Circumstantial Case, and delivered up to the Collector, etc., as Informers, upon their enacting and obliging themselves in the Court of Admiralty to refund the Values in Case any Owner should appear and make good their Title thereto within Twelve Months. This is complyed with at Boston, but in the Colony of Rhode-Island, though the Informations were Laid at the instance of the Officers of the Customes, and that I had given Decrees Condemnator[y] thereupon, and Ordered the Sales by Publick Vendue, Yet in regard I had obliged them to Enact for Refunding, The Collector, in conjunccion with the Governor at Rhode Island,[10] and some others of his Assistants who were concerned in these, who had a part of the Goods trusted in their Hands, till the same should be Sold by Warrant of the Court of Admiralty, Did put a Stop to the Sale appointed by me; And by an Act of the Governor and his Assistants have taken on them to sell and Dispose thereof, and to lodge the Price in other hands than by Decrees of Court was appointed, albeit by their Charter they have no right so to do.

I being apprized of this their Proceeding that since the Cargo was Condemned, and the Sale thereof appointed by the Court of Admiralty which issued upon Informacions laid by the Collector and Surveyor of his Majesty's Plantation Duties, who had the Sugars and Cocoa in their Custody, and produced the Negroes before me in Court, There was an Order past by the Governor and Council or Assistants at Rhode Island directed to the Sheriffe, who of before had been one of these who put an Estimate upon the Negroes by appointment of the Judge of Admiralty, and to whom the Judge had Committed the Custody of the Negroes in Court, Discharging him to deliver them up to the Judges Orders. I went to Rhode Island, (though I had a Deputy there) and waited on the Governor, and shewed to him my Commission under the Great Seal of Admiralty, which also was Recorded in their Books, and insisted with him on this, That I am uncontrovertedly by my Commission the Competent Judge in these Parts upon the Contravention of the Acts of Trade, And moreover, That by my Commission I am obliged to enquire after and secure the Goods of all Pirates, etc., The words of my Commission being ad inquirendum et investigandum de omnibus et singulis bonis Piratarum, etc.[11] And as I was authorize[d] for that Effect, so I conceived that the Governor and his Assistants, their business was only to be aiding and assisting to me in the Execution which I expected. And therefore Demanded of him, That according to my Order in Court, the Negroes might be produced as formerly by the Sheriffe in Court in Order to Sale. And that the Publick Court House, and House where Vendues are usually made, may be made Patent to me as heretofore, And that the Governor's Order for Shutting up thereof and denying Access to me may be recalled. At the same time I also informed him that I was accountable to the Lords of Admiralty or Vice Admiralty for the Values and Produce of the Sales made by my Decrees. During this Conference a Quorum of his Assistants in Council came in, before whom I again resumed my desire, To which I received this Answer, That the Governor considers himself as Vice Admiral and that as such he hath right to intromett with All Goods belonging to Pirates, and that by the Charter all such is given to them, and that he would not allow me the Priviledge of the Court House, unless I would comply with and acquiesse in their Acts of Council. To which I replyed, Their Charter contains no such Grant of Admiralty jurisdiction nor right to any Piratical Goods (as will be evident on perusal thereof), Yea in the Year 1703/4 the Queen Discharged them from exercising any part of Admiralty jurisdiction, which was complyed with ever since and the Court constitute by the Kings Commission.[12] And as to submitting to their Acts of Council when derogatory to His Majestys Interest and the Authority of his Court of Admiralty (which I conceive their Act of which I complain is) was what I could not comply with, without rendering my self unworthy of the Trust committed to me and betraying thereof. Notwithstanding of all which they persisted in their Resolution, and not only Debarred me from the Use of the Court House but also to deliver up the Negroes, etc., to be sold, as I had ordered, and afterward sold them amongst themselves at an undervalue: By which their Contempt of his Majesty's Authority and Court of Admiralty is obvious, Yea, their incroaching upon and usurping of the Admiralty Jurisdiction contrary to Queen Ann's express Order abovementioned is Palpable, And their refusing to give that aid and assistance which the Judge did justly require of them in the terms of his Commission appear to be highly punishable, if not a just ground for forfeiture of their Charter, more especially being conjoyned with this of a great many of that Colony, their keeping a continued Correspondence with the Pirates, which renders the fair Traders very uneasy, and insecure. All which I humbly submit to their Lordships Consideration, and pray for redress, suitable encouragement, and support to him, who is

Sir
Your most humble Servant
J. Menzeis.

Boston 20th July 1721.