Attending at the Cockpit when their Lordships decreed

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.

Privateering and Piracy in the Colonial Period Illustrative Documents · 第 42 / 55 段