J. Franklin Jameson

178. Deposition of William Dunbar. May 7, 1747.[1]

Novemb'r 26th 1746 Being at the Island Orcheilla[2] in Company with Captn. Rous in the Trelawney Galley of Jamaica, Saw a Sloop coming from the Eastward, at 9 P.M. took her, they Informed us it was the Sloop Elizabeth, John Paas Mastr. from Martinico, were Bound and belonged to Curacoa, Cargoe Sugar and Coffea. when John Paas came on board the Privateer all the Papers he Could produce was a Sea Brief[3] and a Paper containing an accot. of the Cargoe he then had on Board, we Inquired for the rest of his Papers, he answered he had left them in Martinico, we told him such mistakes were not at all likely, and therefore must Send him into Port. he made Use of many horrid Imprecations, and many times offered to Swear, his Vessell and Cargoe was a Dutch Property and that neither french nor Spaniards were anyway Concerned in either. when we Told him he must go in his Sloop for Rhode Island, his answer Generally was, what Signifies my going with the Sloop without my papers, do but first lett me go to Curacoa and furnish myself w'th papers and then I will follow my Sloop. and his Sloop being Leaky we Concluded to heave her down and stop her leaks before we Sent her homeward. after we had Cleaned her and got the Cargoe on Board, found Concealed in the under part of the Boats Chock,[4] a Sett of french Papers Expressing who the Cargoe belonged to. John Paas Imediately retracted what he had formerly Said, Acknowledged that Vessell and Cargoe did belong to the french. Some time afterwards we had Some discourse Concerning the Illicit Trade that is Carried on by the Inhabitants of Curacoa. John Paas Told me a Sure way of knowing a real dutch Vessell and Cargoe from a Counterfeit one, which is by a paper Carried by all Dutch Vessells (but wanted where french or Spainards are Concerned) expressing the Owners and Master Name, where bound to, a Particular account of all the Cargoe on Board.[5] this Paper is Sworn to by the Owners, afterwards Signed by the Governour and other Officers, with the Island Seal affixed to it.

Will. Dunbar.

The above Eviden[ce] was sworn to in Court
the 7th Day of May 1747.

[1] Rhode Island Archives, same volume as the preceding, p. 15. This deposition follows in that volume the libel of John Sweet of Newport, commander of the privateer Defiance, against Paas's sloop, captured by him.

[2] Orchilla, a small island in the Caribbean, north of Venezuela and 200 miles east of CuraÇao.

[3] See doc. no. 129.

[4] Blocks of wood, shaped to the under side of a boat, on which a boat rested when on the deck of a ship.

[5] See doc. no. 128, note 12.

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179. Petition of Edward Winter. May, 1749.[1]

Province of the Massachusetts Bay

bracket

To his Excellency William Shirley Esqr. Govr: and Commander in chief in and over sd. Province[2] the Hon'ble the Council and House of Rep'ves in General Court Assembled May —— 1749.

The Petition of Edward Winter of Boston Blacksmith Humbly Sheweth,

That in the Year 1744 there were nine persons committed to the County Goal[3] in Boston, being charged with committing divers acts of Piracy, Hostility etc. on the high Seas and soon after they were put into Goal, they attempted to get off their Irons and make their Escape but being discovered were prevented, and thereupon your Petr: was ordered to Search and Examine their Irons several times in a week, which he accordingly did from the 12th day of January 1744 to the 23d of July 1746, 253 times, and charged the Province for the same the small price of one shilling a time, amounting in the whole to £12. 13. 0 bills of the last tenor,[4] and put in his Bill to the Committee appointed by the special Court of Admiralty who try'd said Prisoners, to Examine the Acco'ts of Charges that had arisen on said Prisoners, but the same was not allowed by them, they apprehending the Pet'rs Bill sho'd be paid by the County (tho' all other charges upon 'em the Province paid) and said Committee accordingly recommended it to the Court of Sessions to pay the same, to whom your Petr. has since appl'd but they absolutely refused paying it, so that your Petr. unless that he is relieved by this Hon: Court is like to suffer greatly.

Your Petr. therefore prays your Excellency and Honours will be pleased to take the premises into Consideration, and as all the other charges were paid by the Province, he prays he mayn't be the only sufferer, but that you'l be pleas'd to order Payment of his Acco't out of the Treasury accordingly.

And as in Duty Bound he shall pray etc.

Edward Winter.

In the House of Rep'tives June 28: 1749.

Read and ordered That there be granted and allowed to be payd to the Petitioner Edw'd Winter out of the Province Treasury the Sum of Twelve pounds Thirteen shillings In full for his Services In Sd. Petition mentioned.

J. Dwight, Spkr.

In Council June 29 1749 Read and Concurr'd.

Sam Holbrook, D'ty Sec'ry.
Consented to.
W. Shirley.[5]

[1] Mass. Archives, vol. 64, pp. 333-335.

[2] Shirley was governor of Massachusetts from 1741 to 1756. His correspondence, edited by Charles H. Lincoln, has been published in two volumes by the National Society of the Colonial Dames of America.

[3] Gaol.

[4] Massachusetts began the issue of provincial paper money in 1690, and continued it till 1748. Its bills of credit were distinguished, according to the form of these promises to pay, into three varieties: old tenor (issues of 1690-1737), middle tenor (1737-1740), and new tenor (1740-1748). New tenor bills, here spoken of, were at this date valued at about one-tenth of the corresponding sum in specie.

[5] The order is printed in Acts and Resolves, XIV. 285.

180. Commission of a Vice-Admiralty Judge. September 23, 1752.[1]

South Carolina.

George the Second by the Grace of God of Great Britain, France and Ireland King, Defender of the Faith, and so forth

To James Michie, Esquire.[2]

We, reposing especial Trust and Confidence in the Loyalty, Integrity and Ability of you the said James Michie, and your skill and knowledge in our Laws Civil and Maritime of our Kingdom of Great Britain as well as of our province of South Carolina in America, have constituted and appoint you to be Judge of our Court of Vice Admiralty in our province of South Carolina in America aforesaid, with full Power and Authority to sit, hear and Determine all Causes whatsoever competent to the Jurisdiction of the said Court, To have and to hold, use, exercise and enjoy the said Office of the Judge of the Vice Admiralty in our province of South Carolina in America aforesaid, with all the Fees, profits, Perquisites, Privileges, Advantages and Emoluments incident thereto, in as full and ample manner as any of your Predecessors Judges of the said court have holden the same.

This Commission to continue during Pleasure.

Given under the great Seal of the said Province at CharlesTown in the Council Chamber the twenty third Day of September and in the twenty-sixth year of our Reign 1752.

Witness our Trusty and Well beloved James Glen, Esq: Governor in Chief and Captain General in and over our said Province.[3]

By his Excellency's Command.

William Pinckney, Dept. Secry.[4]

Recorded in the Secretary's Office in
Book II, folio 286.

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

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]

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

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.

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]

183. Standing Interrogatories. 1756.[1]

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?

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?

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?