no. 187, note 3. The Lords Commissioners for Appeals, in p.r.o.nouncing 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 p.r.o.nounce 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 doc.u.ments 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, vulg 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 n.o.bis indicarunt, petentes a n.o.bis libellum dimissionis et literas a.s.sertorias, quibus exteri certi reddantur, hanc Civitatem nec Peste, nec ullo alio morbo contagioso, infestari. Enimver c.u.m 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 c.u.m 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, qu publice ad causas utimur, muniri, et manu ejus, qui n.o.bis 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-pa.s.s and clearance, by which foreigners may be a.s.sured 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 a.s.sure all those to whose care this matter belongs, that through the goodness of G.o.d 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 munic.i.p.al corporation usually had, besides its great seal used for the more solemn public doc.u.ments, a lesser seal, called the _sigillum ad causas_, used for minor public doc.u.ments 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 sh.o.r.e, 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 Quant.i.ty 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 Quant.i.ty of Indigo, Cotton-Wool, Hides, etc. valued at about 9000 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 circ.u.mstances 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 a.s.sign 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 d.u.c.h.ess of Gordon, and died a British general.]