Restitution of the Ship and Goods paying one Moiety
for Salvage 1. 6. 8
Coach hire and Expences 6. 0
For Attending upon the Register and Settling the Interlocutory
Order 0. 6. 8
Register Bill for Order of Court 1.16. 8
Acts of Court 13. 4
Sportulage 6. 8
---------
Total L15. 3. 8
JOHN SMITH
London January 31th 1746/7 I hereby do Certifie, that the within is a
true Copy of the acct deliver'd me by Mr: John Smith Proctor, witness
my hand
ZACH: BOURRYAU.
_163. A List of Gunner's Stores._[1]
[Footnote 1: Massachusetts Historical Society.]
Gunners Stoors
8 Barrels of Powder
50 dubbel headed Shot
500 lb of Musket Baals for great guns and Swivel and small Arms
6 bunches of gun Match
6 lb of fine Brimstone
3 lb of Saalpeter
2 lb of Rossin
5 quire of Cathress[2] Paper
8 quire of White Paper for Small Arms, Cathress
One hand Vice
4 Ladels for the great Guns
2 Ladels for the Swivell guns
500 Iron Shot for the Swivel guns
Scheat Led for the guns
400 hundred of Flints
12 thomkans[3] Swivel guns
6 thomkans for great Guns
4 gunners handspeak[4]
5-1/2 lb of brown thred
2 dozen of Cathress Needels
6 Sail Needels and 2 plaats[5]
4 Schains of twine 2 Lines for thomkans
6 Schains of Maarlen[6]
6 blocks for gun takels and 24 fadem of roop for guntakels faals[7]
3 Caases for Powder flaaks[8]
2 fyles and 4 bitts for the guns
2 Iron Schouranrod[9] for the Small Arms
To thousand off pump heals
Half a Gallon of Sweet oyle
[Footnote 2: Cartridge.]
[Footnote 3: Tomkins, old form for tampions, the plugs set in the
muzzles of cannon.]
[Footnote 4: Handspike.]
[Footnote 5: Plates.]
[Footnote 6: Skeins of marline, soft line used for seizings.]
[Footnote 7: 24 fathom of rope for gun-tackle falls.]
[Footnote 8: Flasks.]
[Footnote 9: Scouring-rods, ramrods.]
_164. Suggestions as to plundering Hispaniola._[1]
[Footnote 1: Massachusetts Historical Society. Inserted as a specimen
of a kind of information, useful to marauders, which privateers often
brought home. The fragment is undated, but it is one of the papers of
the _Revenge_, presented to the society by Professor Norton, and is no
doubt of the same period as those which precede. It relates to the
French or western part (now Haiti) of the island of Hispaniola; for
the war with Spain which had begun in 1739 had widened in 1743 into a
war with France also, the "War of the Austrian Succession", which
continued till 1748.]
The Tradeing Vessells from France that comes to Highspanyola puts in
At St. marks where They Sell Some part of their Cargo payeble in
Indego from thence they go to Lugan, Pettygouas, and queldesack[2] to
Sell The Remainder of their Cargo and Load with Sugars and then Return
to St. Marks, to Take in their Indego. their is a plain that is Called
Lertibonnee[3] adjoyning to St. Marks. The Inhabitants have Two or
Three Hundred negros a peice. The plantations Lye near the water Side
and it is Very Easey Landing and no fortafacations. in Sending of a
man a Shore That can Speak french to the negro Houses to ask to Speak
to the negro Commander promise him his freedom and a Little money. by
that means he will Bring all the negros to the water Side. If your
Intent is to Cruce off Cape francoy,[4] Mr. Granshon merchant Their
Expects a Sloop from Portobello[5] The Latter End of august or the
Begining of Sepr. which went from their Richley Loded aboute Three
months ago, and is Expected Home with one Hundred and fifty Thousand
Peices of Eight on Board. Their is allways Vessells comeing to Buy
Goods at the Cape from the Havannah, Carthagena and Portobello, which
bring their money to buy the Goods.
[Footnote 2: St. Marc is in the middle coast of Haiti, at the east
side of the great bay that indents the island from the west. Leogane
and Petitgoave lie at the south side of that bay. The Cul-de-Sac is
the great plain, then famous and rich for sugar, which lies north of
Port-au-Prince, at the southeast corner of that bay.]
[Footnote 3: L'Artibonite.]
[Footnote 4: Cap Francois, now Cap Haitien, on the north coast of
Haiti. It was the capital of French St. Domingo.]
[Footnote 5: At the Isthmus of Darien.]
and If you are Desirous to know how affairs are at the Cape you may
put a man ashore that is quallafyed at the poynt above the Fort at the
mouth of the Harbour which is called Laurosh Uptecoly[6] where their
is a Very good Landing place and where he will find a main Road four
mile Distance from the Cape. If it should be Demanded of Him who he is
and where he came from, That he is a Conotur[7] and that he comes from
Dechonse and is a Seeking to put himself In partnership with Some
person to go a fishing. If you are Intended to Cruce off St. Luce[8]
you may be sure that their will Sail Eight or Ten Ships from thence
the Latter End of august or the Begining of Septr. which Some of them
to my Certain Knowledge will Have a Considerable Quantaty of money on
Board. aboute the middle of Lillavash[9] Steering towards the Shoar
Between a Small Town Called Lacoy[10] and another Town Called Turbeck
their is a Landing place called Levieuxbourk where you will See a
Single House by the water Side where their Lives a Cooper that has
told me Several Times that he was Very Desirous to go and Live among
the English. address your Self to Him and He will Direct you how to
get the negros off the Neighbouring plantations which Lye near the
water Side and no fortefacations. Inquire their for Mr. Kennotts House
who Trades Largly with the English and Tell him that you Have got
Flower, Beef and negroes to Sell on Board. you anchoring at Lillavash,
He will Come and Bring other Inhabetents on Board to Trade with you
and by that means you may Keep them and make them Pay a good Ransome
for their Visitt.
[Footnote 6: La Roche au Picolet.]
[Footnote 7: Canoteur, canoe-man.]
[Footnote 8: St. Louis, on the south side of the western or Haitian
end of the island.]
[Footnote 9: L'Ile a Vache, a small island lying off the shore a few
miles southwest of St. Louis.]
[Footnote 10: Les Cayes, perhaps better known as Aux Cayes, now a town
of some importance on the south shore of Haiti, some ten miles west of
St. Louis. Torbeck and Le Vieux Bourg, next mentioned, are near it.]
THE _PRINCESS OF ORANGE_.
_165. Record of Trial (Libel, Bill of Sale, Owner's Letter, Bills of
Lading, Declaration, Affidavit, Portledge Bill, Depositions). June 11,
1741._[1]
[Footnote 1: This record, in which are embedded a variety of documents
characteristic of privateering procedure, is from pp. 163-183 of a
volume of records of the vice-admiralty court held in Philadelphia,
1735-1746, now preserved in the office of the clerk of the U.S.
district court in that city. The only other records of that
vice-admiralty court known to be still preserved are contained in a
second volume comprising (a) records of that court, 1748-1757 (mostly
1748-1751), (b) records of the state court of admiralty, 1776, and (c)
records of the U.S. district court, 1789-1795. The vice-admiralty
court was apparently held in a room over the market-house at Third
Street. David Paul Brown, _The Forum_, I. 264.
The story of the Spanish or Dutch snow _Princess of Orange_ may be
further illustrated from the pages of Franklin's paper, the
_Pennsylvania Gazette_, of Thursday, Apr. 9, 1741. "Friday last
arrived here a Spanish Snow laden with Wine, taken at Aruba, and sent
in by the _George_, Capt. Drummond, of this Port. She came from
Teneriffe, and had a Pass from the Dutch Consul, but no Dutchmen on
board: On Account of this Pass, the Governor of Curasoa sent out a
Vessel to demand the Prize of Capt. Drummond, but he refus'd to
restore her, fir'd at the Dutchman and beat him off. Before the Taking
of this Snow, Capt Drummond had taken two Sloops, one was sent into
Jamaica and condemn'd there, the other being a good Sailer, he has
fitted out for a Tender, with 30 Men, and Arms suitable, under the
Command of Capt. Sibbald; she is call'd the _Victory_. On the 16th of
February, the _George_, the _Victory_, and the Prize Snow, being in
Company off Hispaniola, were chas'd by two Men of War, which they
suppos'd to be Enemies; the _George_ and _Victory_ left the Prize, and
she was taken; but the _Victory_ falling in with the Grand English
Fleet two Days after, found they were English Men of War, who had
taken the Prize, and she was restor'd to Capt. Sibbald, by Order from
Admiral Vernon. The _Victory_ convoy'd her thro' the Windward Passage,
and return'd to look out for the _George_, from whom she Parted in the
Chase."
The _Gazette_ of May 28 chronicles the arrival, May 24, of the sloop
_Victory_, Sibbald, and gives an account of a glorious fight, May 15,
in which Capt. Sibbald, attacked simultaneously by a Spanish ship and
sloop, had beaten both off. His owners rewarded his valor with a
present of a silver-hilted sword. The _Gazette_ of June 4 adds, "This
day arrived the _George_ Privateer, belonging to this Place, from
Jamaica. Capt. Drummond, who commanded her, died on the Passage". See
also _Memorial Hist. Phila._, I. 246, 247.]
At the Court of Vice Admiralty held at Philada. for the Province of
Pensilvania the 11th day of June in the fifteenth year of the Reign of
our Sovereign Lord King George the Second, Annoque Dom'i 1741.[2]
[Footnote 2: The reign of George II. began on June 11, 1727;
accordingly June 11, 1741, was the first day of his fifteenth year.]
Before the Hon'ble Andrew Hamilton, Esqr., Judge of the said Court.
A Libel exhibited by John Sibbald[3] formerly Lieut. now Capt. of the
Sloop of War named the _George_ was read in these words.
[Footnote 3: Later in the war Sibbald greatly distinguished himself in
a privateering voyage in command of the _George_ (cruising in company
with the _Joseph and Mary_, refitted prize, in 1742) and of the
_Wilmington_. _Memorial Hist. Phila._, I. 247; _Pa. Mag. Hist._, I.
247, XXXII. 466. In the next war he was commander of the province's
frigate _Pennsylvania_, from 1757 to 1759. _Pa. Archives_, III. 190,
658. The ships' register of the port of Philadelphia shows the sloop
_George_, of 50 tons, John Sibbald owner, sailing out on this present
voyage Nov. 12, 1740. _Pa. Mag. Hist._, XXIII. 513.]
Pensilvania, in the Court To the Hon'ble Andrew
of Vice Adml'ty Hamilton, Esqr., Judge
ss. of the Court of Vice Admiralty
for the Province
of Pensilvania.[4]
[Footnote 4: Andrew Hamilton the elder (1676-1741), the most famous
lawyer of Pennsylvania, defender of John Peter Zenger, constructor of
the State House (Independence Hall), speaker of the assembly
1729-1739, was admiralty judge from 1738 to 1741. He died a few weeks
after this trial, Aug. 4, 1741. For a sketch of him, see _Historical
Magazine_, XIV. 49-59.]
John Sibbald, now Captain and Commander of the Sloop of War named the
_George_, of the Burthen of Fifty Tons, mounted with twenty-four guns
and now riding at Anchor in the Port of Philadelphia, gives the Court
here to understand and be informed, That the Sloop afd. was equipped,
victualled, fitted out and armed at the proper Costs and Charges of
himself and others, owners of the said Sloop, Inhabitants of this
Province and Subjects of his present Majesty George the Second, King
of Great Britain, France and Ireland, Defender of the Faith, etc. and
that Seth Drummond, late of Philada., Mariner, deceased, then being
Captain and Commander of the said Sloop, was on the eleventh day of
Octr. one thousand seven hundred and forty duly authorized and
commissioned with the same Sloop as a Vessell of War or Privateer to
Take, Seize, make Prize of or destroy any of the Ships, Vessells,
Goods or Effects of the King of Spain or belonging to any of his
Vassells or Subjects or others inhabiting within any of his Countrys,
Territories or Dominions.[5] That He the sd. Seth Drummond, being so
authorized and Commissioned with his Marriners, Sailors and Soldiers
on board the said Sloop, afterward (that is to say) Between the first
day of January in the year of our Lord one thousand Seven hundred and
forty[6] and the first day of April one thousand Seven hundred and
forty one, on the High Seas and within the Jurisdiction of this Court
did discover, pursue, apprehend and as lawfull Prize did take from the
Subjects of the said King of Spain and others inhabiting within his
Countries, Territories and Dominions who then were and still are the
open and declared Enemies of his said Majesty King George, One Vessell
commonlly called a Snow of the Burthen of Eighty Tons or thereabout,
and one Cannoe, with their Tackle, Furniture and apparel, together
with the Ladings of the sd. Snow and Cannoe, consisting of One hundred
and Seventeen Pipes, Ten Hogsheads and two Quarter Casks of Wine the
growth and Product of the Island of Teneriffe, one of the Territories
of the said King of Spain, fifty and Six marble Mortars and nine
dropping Stones, and two Negro men, which Snow, Cannoe, Wine and
Negro's, Mortars and Stones, at the times of their several Captions
were belonging to and the Right and property of the Subjects of the
said King of Spain and others inhabiting within his said Countries,
Territories and Dominions, who were and are the open and declared
Enemies of his said Majesty King George. Wherefore the sd. John
Sibbald, for himself and the other Owners of the sd. Sloop, prays
this hon'ble Court, the premises being proved, That the sd. Snow, Wine
and Negroes may be adjudged and condemned for the Use of the Owners of
the sd. Sloop and other the Captors aforesd. as lawfull Prizes and
Purchase of War according to the Laws Marine, Laws of Nations and
Customs of War.
JOHN SIBBALD.
[Footnote 5: The letter of marque, dated Oct. 11, 1740, is recorded in
this same manuscript volume, p. 143. It names Seth Drummond captain,
John Sibbald lieutenant, William Dowell (see under June 23, below)
master.]
[Footnote 6: 1740 by old style, the new year beginning Mar. 25; by new
style, 1741. The capture of the _Princess of Orange_ took place Feb.
24, 1741, N.S. (Feb. 13, O.S.), near Aruba.]
Whereupon Proclamation was made, If any one hath ought to say why the
Snow, Wines, etc. in the sd. Libel ment'd ought not to be condemned as
lawfull Prize, let them come forth and they shall be heard. And none
appearing to do this, The Court adjourned till Saturday the 13th inst.
at 10 o'clock.
_June 13th._ The Court met.
The Libel read and Proclamation made a second time and Juan Milidony,
the late Master of the said Snow, being sent for comes into Court, and
John Jordan and Patrick Orr, Persons well skilled in the Spanish
Language, were sworn faithfully to interpret between the Court and the
sd. Milidony as also faithfully and truly to translate all such Papers
relating to the Capture and Prize aforesd. as shall by the direction
of the Court be laid before them for that purpose, as well on the Part
of the Captors as on the Part of the Claimers if any such shall
appear.
The Judge then informed the said Milidony of the Mode of proceeding to
be observed by the Court and ordered all the Papers taken in and with
the said Snow to be produced. Which being done, notwithstanding the
sd. Milidony did not offer or give the Security required of a Claimer
by the Act of Parliament, The Judge permitted him to view and point
out any Papers he pleased in order to satisfy the Court that it was no
lawfull Prize; which he did without alledging or so much as
insinuating the Loss or Embezilment of any Papers.
The Judge then directed that the Preparatory Examinations should be
taken, and translations made of the material Papers in order for
Tryal.
Accordingly _June 23d_, the Proofs being prepared,
The Court met
The Libel read and Proclamation made a third time. William Dowell,[7]
Sworn, says That upon the Death of Capt. Drummond he succeeded as next
Officer in the Command of the _George_ and took possession of the
Prizes Papers and that he hath exhibited the same all into Court
without addition, subduction or Embezilment to his knowledge.
[Footnote 7: Captain William Dowell died in 1768, _aet._ 49, "a good
husband, a sincere friend, and an honest man", so says his tombstone
in Christ Church yard. He had an important part in the privateering
expeditions from Philadelphia in this war. In the _Memoirs_ of Peter
Henry Bruce, chiefly occupied with his service in the Russian army
under Peter the Great, but ending with a narrative of military
engineering services in the Bahamas and South Carolina, that author
gives an account (pp. 403-408, 421) of the capture of two rich Spanish
prizes in September, 1742, "by John Sibbald of the _George_ schooner,
and William Dowall, of the _Joseph and Mary_ sloop, both privateers
from Philadelphia", who brought them into New Providence; and he
vehemently accuses Governor Tinker of defrauding them and their
Philadelphia owners by machinations lasting all through that winter.
"All our Privateers", he adds, "intended to have made this place their
general rendezvous; but the treatment Sibbald and Dowall met with,
prevented any from coming near us". Later, May, 1744, the journal of
William Black shows Dowell as again commander of the _George_
schooner, 14 carriage and 18 swivel guns, then fitting out in the
Delaware; and in 1746 he commanded the _Pandour_ privateer. _Pa. Mag.
Hist._, I. 247, XXXII. 465.]
Then the Proofs were exhibited as follows, viz.
1. A True Translation from Spainish to Inglish of Mr. John Malidoni's
Bill of Sale of the Snow _Princess of Orange_--
Be it Knowen that I John Melidoni, of the Dutch Nation, residing in
this Village and Port of Sta. Cruz de Teneriffe, Grants and
a[c]knowledges by this prest. Bill of Sale that I do now and forever
really and effectually from hence forward sell and bequeath unto Mr.
Peter Doscher, junr. of said Dutch Nation, Mercht. in this expressed
port, To and for him and whomsoever he may represent, a Dutch[8] Snow
named the _Princess of Orange_, burdening (a little more or less) one
hundred Tuns, with her Masts, yards, Cables, Rigging, anchors and
other adherences or Necessarys that shall be found on board of her
and contained in the Inventory that I have delivered to the Buyer,
which are my property and free from Mortgages and other Ingagements,
which I came by and bought after the Conclusion and end of a Process
which was carried on in the Court of Admiralty before Mr. Peter Joseph
Ferrer, one of the Notary Publicks of this Island, Sub-delegated by
the intendent General of Marine in Cadiz, first officer of said
Admiralty Court,[9] as appear by a Certifacation thereof, to which for
the firmness of this Instrumt. (this day dispatched at my request) I
reffer. this I do for the Condsid[er]ation and price of one thousand
and five hundred Dollars Exrs.[10] of eight royals of plate each, and
In conformaty to an agreemt. concluded between us for sd. Snow, and I
do hereby acknowladge the said Buyer has given and paid me the above
mentioned Sum in ready usefull Currt. mony of this Island, and whereas
sd. money's are really and Effectually in my Possession and were not
Delivered me in the Presence of a Notary Publick that he might give
faith thereof, I Confess myself to be contented, Satisfied and to have
my intire Satisfaction, reced. Said Sum, and therefore revokes and
renounces the Laws of Delivery's, Payments and all others that might
be in my favour, and for the Said Sum of one thousand five hundred
Dollars I do here in due form give him my full recept and aquittance.
I declare them to be the just Valuation and true Price specified in
sd. Inventory of Sd. Snow and all annexed and appertaining to her. And
I further Declare, that they are not worthe more, and that if at
prest. or at any other time they should be seen and Deemed to be of
greater Value, be it much or little, I do hereby freely and actually
give and bequeath it to said Byer and his heirs, and renounces all
rights and titles thereunto, and all Laws and Customs that might give
me any right or Title to them, and so resignes the whole Propertey I
had in them and Transfer it unto him the said Buyer and his heirs,
that he, they or any other Person he shall name, may administer, owne
and Govern her as he shall think Proper, and I give him full power and
faculty to comprehend his Possession when and as he pleases, and
untill he takes it I constitute myself the Possessor, ready and
willing to Deliver whenever he shall demande her; and as the real
Seller of Said Snow, I oblidge myselfe, personal Estate and moveables
that I Possess or may hereafter Possess, for his Peacable Possession
of her, and I give his Majesties Justice and Judges full Power to
oblidge me so to do, and that with the Same authority as they can do
in Cases and Causes already Sentenced. And I again renounce all the
Laws and Customs in my favour and makes this Bill of Sale in due form
in this Village and port of Sta. Cruz de Tenerife the 13th December
1740. The maker of this Instrument that I the Notary Publick, do give
faith, Knows, and that he Sayed, I freely Grant and Sign this in the
presance of the Witnesses Don Arnoldo Vane Stemfort, Consul General of
said Dutch Nation in this Island,[11] Peter Dufourd and John Anthonay
Ganancho, all Livers in this Village. John Melidoni's, made before me
Joseph Vianes de Sales, N. Publick. Agrees with its original made in
my office and remains in my Register, to which reffers and Sign
In Testimony of the Truth
JOSEPH VIANES DE SALES.
N.P.
[Footnote 8: Originally Irish; see the testimony of Gaspar Fajardo,
below, 9.]
[Footnote 9: Under Spanish law, at this time, cases of prizes taken on
the high seas fell under the jurisdiction of the _intendente general
de marina_ for the nearest district, with appeal to the council of
marine.]
[Footnote 10: It is probable that the original read "dollars of
exchange", in which Spanish reckonings were sometimes made. They were
inferior dollars, worth only about four-fifths as much as the standard
Spanish or Mexican dollar. "Eight royals of plate" means eight reals
of silver.]
[Footnote 11: Appears also in doc. no. 142, as do also Dufourd and the
notary Joseph Vianes de Salas.]
We underwritten Certify that Joseph Vianes de Sales, before whom it
appear the above Instrument was made, is a Notary Publick of this
Village, and that faith and Credit is and has been given to him and
his Instruments and we now give testimony of the Same.
FRANS. BETOM LONALT. PETER JOSEPH FERRERA, N.P.K.
SANIONY BIMENTEL, N.P.K. ROGUE FRANS. PENEDO, N.P.K.
2d. A True Translation of Mr. Peter Doscher's jun's. Letter wrote in
French from Sta. Cruz de Teneriffe To Mr. Mestre in Curacao, viz.
STA. CRUZ DE TENERIFFE, the 7th Ocbr. 1740.
Mr. Mestre.
_Sir_,
The Bearer hereoff by Gods assistance will be Capt. John Melidoni,
Commander of the Snow _Princess of Orange_, which I take the Libertay
to address you with her Cargo and here Inclosed you'l find Invoice and
Bill of Lading for the Same made in your favour, or in your absence to
Messrs. Rodier and Le Cire, and I beg of you, Sir or Gentlemen, that
you will be Pleased to make the most you possibly can of them. this is
for a Tryal and if it Turns to Acct. shall Continue more Largely
hereafter.
The 50 pipes marked A.R. are Numbred on there heads from No. 1 to 50,
and are made wines to Imitate those of Madera's, and are in Cask of
the Same Largeness and Fabrick and I asshure you of a good Quality.
The 30 pipes marked V.P. are on the Lies;[12] they are the wines we
Call heare Vidono,[13] there pipes larger then those of the Maderas. I
beg you'l procure me the best Sales you Possibly can for the whole 80
pipes; be it eather for Mony or in barter of some other goods that may
be Pres[en]ted and without Limiting you to any Thing, for I am
Confidant you will have my Interest at heart as if your own. Pray Open
a Seperate Acct. for the 30 pipes marked V.P., for Possibly I may
Resign the Amount of them over to an other person, but in that case
you'l be Pleased to Detain 450 Dollars in your hands for there
freights at the rate of 15 Dollars each Pipe and 5 p. Ct. more for the
Average[14] on the freight of them, that you'l please to pay the
Capn., that is to Say only the Meer 5 p. Ct., for the 450 Dollars must
be Clear of all Charges, and that altho they Came to hand full or
Empty. if they Sell for Money must deliver the Money, if in Barter
deliver the Comoditys you barter them for, not omiting to detain there
freights and joyining it to the Acct. of the 50 pipes.