Government to beat up for Sailers to man the _Young Eagle_ privateer,
John Rous Commander, now bound on a privateering Voyage, yet the sd.
Wm. Loud in a riotous manner followed the Drum about the Town cursing
and abusing the Captain, and Several times Colloured[2] the
Lieutenant, tho' he had never Seen him before. That the sd. Loud Still
Continues to behave himself in this riotous manner, and to threaten
your petitioner with revenge either to kill your petr. or burn his
house, or both, whereby your petitioner justly thinks his life and
Interest are both in absolute danger from this Loud and his
Associates.
[Footnote 2: Collared.]
Wherefore your petitioner most humbly prays your Excellency and
honours to take this affair into Consideration and to look into the
two protests herewith presented wch. plainly Shew that sd. Loud was
Ordered on board a Man of warr for his mutinying and Ill behaviour on
board the sd. privateer, And that your Excellency and Honours would
please to Order that sd. Loud may be taken up and put on board one of
his Majestys Ships now in this Port, or otherwise to Order in the
premises, for the relief and Safety of your petitioners person and
Interest, as your Excellency and honours Shall think most proper.
And your Petitioner as in duty bound Shall ever pray, etc.
JOHN JONES.
THE _HAWK_.
_167. Vote of Privateering Crew. June 29, 1744._[1]
[Footnote 1: Mass. Archives, vol. 64, p. 252.]
Friday June 29th, 1744, at a meeting of the Captain and Officers on
board the _Hawk_ Privateer Samuel Waterhouse Comander; it was put to
the vote wether we should follow and pursue the Sloop we have been in
chase of
Content not Content.
SAMUEL WATERHOUSE.[2]
JOHN CULLAM.
THOMAS RAPPITT.
JAMES HUDSON.
THOMAS WALDEN.
[Footnote 2: See Boston Record Commissioners, _Reports_, XV. 33-44.]
a True Copy from the
Original vote Book belonging
to the _Hawk_ Privateer.
REYNOLDS SEAGER
Quartermaster to the
Owners of the _Hawk_.
Essex ss. Glocester Augst
the 13, 1744. then Reynolds
Seager the Quartermaster to
the Owners of the _Hawk_
pursonally appeared and gave
oath to the truth of what Is
Abov Rittn Before
JOSEPH ALLIN[3]
Justis Peace
[Footnote 3: Joseph Allen was the chief landholder of Gloucester.]
_168. Petition of William Ward. 1744._[1]
[Footnote 1: Mass. Archives, vol. 64, p. 254. See doc. no. 170.]
Capt. Waterhouse
_Sr_
I Hope Youll Excuse my Taking the Liberty in Writing to you. But as a
poor Creminall Confined, hopes that you and the Gentleman in the Cabin
will Pardon the abrupt Treattment, I have Used Latly, but all Owing To
a Moros Way in answering when Called: Which I Acnowledge is Not
showing agood Decoram: Sr, as for the Afair I Was Accused with last
night it was Done intirely Thro ignorance, that is that I thought I
might Speak freely without Shewing any Sedition: Sr, I must Likwise
acnowledge in Not Obeing the mastr was ill Done. Which I hope you and
the Gentlemen will freely Pardon: Sr, I am Sencible thro what I have
Done, Deserves Being Broke of my Station. Now Sr, I hope youll be so
Good as To Pardon One Who Never in this World New What it was To be
Confined. Which I Pray god grant to you: Which is Gentlemen from Your
humble Sert: To Comd:
WM. WARD.
P.S. Gentlemen I hope for the Time To Come, To be Deserving of your
favours.
_169. Deposition of John Flood and Zechariah Foss. August 3, 1744._[1]
[Footnote 1: Mass. Archives, vol. 64, pp. 245-246.]
The Deposition of John Flood and Zachariah Foss who sail'd from Boston
on the 25th of June last in the Privateer _Hawk_, Samuel Waterhouse
Commander.
The Deponents testifye that being on Board the Brigantine _Hawk_
commanded by Saml: Waterhouse, They on the 29th of June last, in the
forenoon, betwixt the Hours of Eleven and Twelve, about 40 Leagues to
the South East of Cape Briton, spied a Sloop steering northward, and
observing that she had a White Pennant out[2] they gave her Chace, and
easily outsaild her and having got within about a Mile of her the
Sloop fir'd a Shot which fell about half a mile to Leeward of the
_Hawk_, at the same time making all the Sail she could to run from us;
upon which we fired at the Sloop five times successively; our first
and second shot fell to Leeward, The third went thro' her Foresail,
The fourth went thro' both her Mainsail and Foresail, The fifth struck
her forward towards her Bow: upon which we were ordered to bear away,
(being then at the Distance of about forty Pole from her, as near as
we can judge) and as we bore away from the Sloop, we gave her three
Chears (which were return'd us) and fir'd another Gun; The Sloop in
the mean time bearing close upon the Wind in order to make her
Escape. within the Space of about an Hour after, the Company in the
_Hawk_ agreeing (all save the Captain and the owners Quartermaster) to
follow the Sloop and Engage her, We gave her Chace, but She having by
that time got to the Distance of about 3 Leagues from Us to windward,
and a thick Fog arising, we lost Sight of her by about four of the
Clock in the afternoon; we however, kept our course in pursuit of her
till the next morning, but saw her not again.
[Footnote 2: And therefore was presumed to be French.]
The Deponents further declare that the Number of Hands on Board the
_Hawk_ (including Boys to the number of 10 or 12) was one hundred and
thirty eight; That she had twelve Carriage Guns--(viz: 2 nine
Pounders, 2 six Pounders, and 8 four Pounders,) beside 20 or 22 Swivel
Guns.
That the Sloop (so far as they could judge) was of not more than half
the number of Tun as the Brigantine _Hawk_. The Number of her Men they
could not guess at, being in great Measure cover'd by a Netting, which
Surrounded them; Save that they observ'd em to muster thick on the
Quarter Deck. That not coming a Breast with the Sloop, the Deponents
could not discover the Number of her Guns, Save, that mr Flood
imagined that he saw two Carriage Guns on her Larboard side.
The Deponents further declare that they verily believe that had the
Brigantine Engaged the sloop, the former might easily have taken the
latter, and that this was the Opinion of their Company in General.
They further add, that when orders were given for their bearing off
from the Sloop, Capt. Waterhouse declar'd as a reason for so doing
that his owners enjoyn'd him not to Engage with a Privateer. But that
when it was Voted by the Company to pursue the Sloop, he appear'd well
pleas'd that the matter was so over ruled, altho' his orders were
otherwise.
The said Zachariah Foss further adds, that he heard Capt. Waterhouse
say that thenceforward he would take all the Privateers that came in
his way.
The sd Zachariah further declar'd that on the Day before the _Hawk_
sail'd from Boston, sundry Gentlemen (whom he took to be her owners)
being on Board, he heard e'm desire Capt. Waterhouse not to Engage any
Privateer, for that the Vessel was not fitted for such a purpose,
adding that should he take a Privateer, they should get nothing by it,
but Rags and Lice and broken Bones.
And the Deponents further say not.
JOHN FLOOD.
ZECH FOSS.
Suffolk, BOSTON, August 3, 1744. The above named John Flood and
Zachary Foss made oath to the Truth of the foregoing Deposition.
Before Us { S. DANFORTH } Of the Council.[2]
{ EL'M HUTCHINSON }
[Footnote 2: Samuel Danforth was a member of the council of the
province from 1739 to 1774; Eliakim Hutchinson from 1744 to 1746, and
judge of the court of common pleas from 1741 to 1774; the latter
married Governor Shirley's eldest daughter.]
_170. Testimony concerning William Ward. August 4, 1744._[1]
[Footnote 1: Mass. Archives, vol. 64, p. 253.]
On board the _Hawk_ Privateer Samuel Waterhouse Comander, August 4th:
1744 att a Comitte of the Commander and Officers on board the _Hawk_
Privateer: James Hudson, Charles Ward and John Woodbridge, being
called as evidences against Will'm Ward Boatswain of Said Privateer,
do testifie and say that at or upon the second day of August this
instant they heard the said Will'm Ward speake in the Steeridge of Sd.
_Hawk_ that the Captain and Officers where[2] discharging the People
(meaning some of the hands) in order to put their shares in their own
Pockets, togeather with other Seditious and disrespective words.
JAMES HUDSON.
CHARLES WARD.
JOHN WOODBRIDGE.
[Footnote 2: Were.]
_171. Protest of Sailors. August 13, 1744._[1]
[Footnote 1: _Ibid._, pp. 249-251. As to protests, see doc. no. 136,
note.]
On the Thirteenth day of August Ao. Dom: 1744, And in the Eighteenth
Year of His Majestys Reign Before me Benjamin Pollard[2] Notary and
Tabellion Publick by Royal Authority duly Admitted and sworn dwelling
and practising in Boston in New England Personally Appeared the
several persons whose Names are hereunto Subscribed Sailors belonging
to the Brigantine named the _Hawk_ Called a private Man of Warr
Mounting 12 Carriage and 20 Swivel Guns and Carrying 138 Men Commanded
by Samuel Waterhouse now lying the Harbour of Cape Ann Who Severally
Declared as follows. And First these Appearers say that the said Saml.
Waterhouse in a late Cruize against the French and Spaniards Suffered
a Small French Privateer whose force did not Exceed one third of the
said _Hawk_ and which it was in his Power to have taken without risque
of his Vessell and Company, to escape after firing a few guns, by
Voluntarily Parting from him with a Salute of Three Chears; And on the
Twenty Ninth day of July last the sd. Brigt _Hawk_ being in Consort
with the Sloop _Elizabeth_ a Private Man of Warr belonging to New-York
of About 10 Carriage and 12 Swivel Guns and about 55 Men Commanded by
Thomas Barns about Twelve o'Clock of that day descry'd a ship Standing
to the Westward, the _Hawk_ then Standing to the Eastward upon which
Capt. Waterhouse bore away to the sd. sloop to Consult with Capt.
Barns (who was then to Leward) About Engaging sd. Ship, and Capt.
Barns ask'd what they Made of her, Waterhouse sd. he believed her to
be a 40 Gun Ship, to which Barns answered, if she was an 80 Gun Ship
he would See her, and then they Stood for her, the ship Still keeping
her Course And About an hour before Sun Sett that day gott within
About Three Quarters of a Mile of her, when the _Hawk_ hoisted English
Colours and fired a Nine Pound Shot at her, and the ship hoisted a
French Jack on her Ensign Staff and returned a shot, which fell Short
of the _Hawk_ and after the _Hawk_ had fired About 10 Guns and the
Ship about 17 Guns, Waterhouse Commanded his Company to desist from
firing and to bare away as fast as Possible, and Capt. Barns (who then
lay to Windward by order of sd. Waterhouse) very Much Blamed
Waterhouse's Conduct in leaving her and said that he (Barns) Intended
to have got under her Stern and Raked her fore and aft, and the next
Morning Saw a ship they believed to be the same but Waterhouse would
not follow her but gave Chase to a smaller Vessell Called the _St.
John_ lately taken by him, but Barns was resolved to see her and
accordingly went after her and found it was the Same Ship they had
Engaged over night And further declared That the said Capt. Waterhouse
has been guilty of a Breach of the Articles of Agreement respecting
the said Cruize by rejecting and refusing the Vote of the said
Company, That the said Waterhouse is a Man of a Moross, Froward and
Barbarous disposition having during sd. Cruize used Many of these
appearers very Inhumanely by Confining them in Irons Without any real
Cause, and is Man of no Courage or Resolution daring not to Engage any
Vessell of Equal force with his, but on the Contrary has turned his
back on them, and these appearers verily believe that with the help of
the sd. Sloop (who was Willing to Aid and Assist) the said _Hawk_
Might have taken the aforesd: Ship, That the sd: Waterhouse Often
declared on board that he had orders not to Engage any Privateer and
that he Came out to take Merchantmen and such as he could run down,
That these appearers have always acted up to their duty in their
respective Capacitys on board said _Hawk_ to the Utmost of their
Power, And for the reasons Aforesaid These Appearers have left the sd.
_Hawk_ in Cape Ann Harbour and Come up to Town and requesting me the
said Notary to Protest against the said Capt. Waterhouse and his
Cowardice, Actings and doings.
[Footnote 2: Sheriff of Suffolk County 1743-1756.]
Therefore I the said Notary At the request aforesaid did and do hereby
Solemnly Protest against the said Samuel Waterhouse and his Cowardice,
Actings, doings and Misconduct in and about the said Cruize as the
Only reason of these Appearers Coming up to Town, and for all loss,
Costs, Charges, damages and demands Whatsoever, Which they or any of
them Shall or May Suffer Sustain or be put unto by Means thereof, And
Lastly the appearers Declared that they are ready and Willing to go on
board the Said _Hawk_ Privateer and proceed in her on another Cruize
under the Command of any Captain of known Courage and Conduct. Thus
done and Protested in Boston the day and year before written
And To the truth of all which these Appearers have Severally Made Oath
and subscribed their Names.
JONATHAN TAYLOR CHRISTOPR: COLLINS
JOHN PEARSON EZEKIEL PITTMAN
RICHARD ANDERSON BENJA: BOLTER
his
JOHN PEEWEY WILLIAM [X] BLEYTH
mark
PATRICK CARNEY WILLIAM WILLIAMS
ANDREW LEISHMAN WILLIAM SWETT
his
DANL. CALFE CHAS: [X] DREW
mark
his
JEREMIAH MOLTON WILLIAM [X] HODGKINS
mark
JOHN PALLOT ROBERT STANLY
JOHN THOMPSON ADAM HOLLIDAY
RICHD. THOMPSON STEPHEN HILLOCK
EDWD. BROOKSBY JOHN SEAWARD
PETER SCOTT
The aforegoing is a just and true Copy of the original Protest on
Record in My Office, Attest.
BENJA: POLLARD Noty. Pubk:
1744.
BOSTON Augst: 14: 1744.
_172. Petition of Henry Johnson. August 27, 1744._[1]
[Footnote 1: Mass. Archives, vol. 64, pp. 256-258.]
To His Excellency William Shirley Esq. Govr. and the Hon'ble the
Councill
The Petition of Henry Johnson of Boston
Humbly Sheweth
That Mr. Detcheverie, Monsr. Darrancette, and a Boy Named Augustine,
French Prisoners taken and brought in here per Capt Waterhouse, has
Lodged and Boarded at the house of your Petr. per Order of Benja.
Pollard Esq Sheriff of the County of Suffolk, your Petr. humbly Prays
your Excellency and hon'rs will be pleased to Ascertain the Allowance
your Petr. is to receive for their Board, Washing and Lodging for
Twenty One Days, the time they have been at your Petr. house, and your
Petr. as in duty Bound Shall Ever pray
Boston 27 August 1744 HENRY JOHNSON
1744
[_Indorsement_]
At a Council held at the Council Chamber in Boston Fryday Octo'r 5
1744.
Read and Dismiss'd.
Monsieur Detcheverie to Henry Johnson Dr. for his Board
and Lodging 3 Weeks at 3L 9. 0.0
Monsieur Darrancette to Henry Johnson Dr. for his Board
and Lodging 3 Weeks at 3L 9. 0.0
For your Boy Augustine 3 weeks at 30s. 4.10.0
--------
L13.10.0
BOSTON, 22 August 1744. Errors Excepted.
HENRY JOHNSON.
1744
THE _LEWIS JOSEPH_ AND THE _ST. ANNE_.
_173. Deposition of Jacques Piegnon. January 24, 1745._[1]
[Footnote 1: Records of the Admiralty Court held in Philadelphia,
1735-1746, in volume preserved in the office of the clerk of the U.S.
district court, pp. 213-216. The judge was Thomas Hopkinson, who
qualified in January, 1745.]
The Same 24th January 1744.[2] 5 P.M.
[Footnote 2: _I.e._, 1745, N.S.]
Proclamation made a fourth Time, and none appearing to Claim, the
Court ordered the Proctor to Proceed to Prove the lawfull Caption of
the said Ship _Lewis Joseph_ and Snow _St. Ann_ and their Ladings,[3]
[Footnote 3: The story of the capture is also related in Benjamin
Franklin's paper, the _Pennsylvania Gazette_, Jan. 22, 1745: "On
Friday [Jan. 18, arrived] a Ship and Snow, from the _Warren_
Privateer, Alexander Kattur, and the Old _George_ Schooner, William
Dougall, Commanders, who sailed from this Port about six Weeks ago in
Consort. Seven Days after they left the Capes, in the Latitude of 31,
they met with the Ship.... She is a Frigate built Ship, of 18 Carriage
Guns, belongs to St. Malo's, and was thither bound. She is called the
_Lewis Joseph_. The Captain's Name was Piedsnoirs.... She maintained
an obstinate Fight for Five Hours, and did not surrender, till she had
received near Fifty Shot in her Hull, and was at last boarded, and the
Captain, his second Lieutenant, and four Men killed, and several of
the Gentlemen Passengers wounded. The Captain had the Character of a
Gallant Man, and, as the Prisoners say, always declared, that he would
never part with the Ship but with his Life.... The Snow is called the
_St. Anne_, Pierre Dalheu Master, bound to Bourdeaux, and was taken
two Days after the Ship. [The rich cargoes are described.] We are
daily expecting the two Privateers in."]
Whereupon the following Depositions being Produced and Read, viz.
Jacques Piegnon of St. Malo in France Mariner being Sworn
Deposeth and Sayeth
To the first Interrogatory
That he this Deponent Knows the Ship called the _Lewis Joseph_ now
riding at Anchor in this Port of Philadelphia; That in the Month of
August 1743 this Deponent contracted and Agreed with Francis Pienoir
late Captain of the said Ship and the owners thereof at St. Malo
aforesaid to enter and go as Second Captain on Board the said Ship on
a Voyage from St. Malo to Cadiz and from thence to proceed to some
port of French or Spanish America as should be agreed and resolved on
at Cadiz aforesaid; That agreeable to his said Contract this Deponent
sailed in the said Ship in quality of Second Captain to Cadiz and from
thence to Port Orient[4] in France and thence returned to Cadiz and
from thence proceeded to Cape Francois[5] in the Island of Hispaniola;
That the said Francis Pienoir was Captain and Commander of the said
Ship during the said Voyage; That from Cape Francois aforesaid this
Deponent sailed in the said Ship on an Intended Voyage for Nantz in
France and on the 26th day of Decr. last, New Stile, the said Ship
[was] attacked upon the High Seas in or near the Latitude of 31 deg.
North by two English Privateer Vessels, of one of which Captain
Alexander Kattur was Commander[6] and Captain John Dougal was
Commander of the other, but does not Know the Names of the said
Privateers but has heard that one of them was Called the _Warren_ and
the other the _George_; That the Engagement between the said Two
Privateers and the said Ship _Lewis Joseph_ continued for about five
or Six Hours; That at the Beginning of the said Engagement there were
fifty two Men in and belonging to the said Ship _Lewis Joseph_ but
four of them were Killed in the said Engagement vizt. the said Captain
Pienoir, another Captain who was a Passenger and two common Sailors,
and three of the Men belonging to the said Privateers were also Killed
in the said Engagement as this Deponent afterward heard and believes;
That at the time of the said Engagement the said Ship _Lewis Joseph_
was mounted with Eighteen Guns; That the said Ship _Lewis Joseph_ was
then taken by the said two English Privateers; That the said Captain
Pienoir and all the Mariners and Comp'y belonging to the said Ship
_Lewis Joseph_ at the Time of her said Caption were Subjects of the
French King; That the same Ship _Lewis Joseph_ was then Laden with
divers Goods Wares and Merchandizes.
[Footnote 4: Now called Lorient.]
[Footnote 5: Now Cap Haitien.]
[Footnote 6: The _Warren_; see note 3, above, and _Pa. Mag. Hist._,
XXIV. 350.]
To the Second Interrogatory;
That the said Ship _Lewis Joseph_ at the time of her said Caption
wholly belonged to Monrs. John Petel a Merchant then residing at St.
Malo and a Subject of the French King; That part of the Goods Wares
and Merchandizes wherewith the said Ship was laden at the time of her
said Caption belonged to the said Captain and the officers of the said
Ship and the residue thereof to divers Merchts. and others at St.
Malo's, Nantz and other Ports and Places in France and that such
Owners of the said Cargo were all then Subjects of the French King.
To the third Interrogatory,
That before the said Ship _Lewis Josephs_ Departure on the said
Voyage from St. Malo, the said Captain Pienoir applyed for and
obtained from the proper Officer at the Court of France a Commission
which gave Authority to the said Captain with the Marriners and
Company belonging to the said Ship as a private Ship of War to Seize
and take any Person with their Goods and Effects who then were or
should happen to be the Enemies of the French King during the Course
of the said Voyage; That it is Customary in France for such Ships when
there happens to be an Expectation of War being Declared before their
Return from such Voyages to apply for and take out such Commissions
before their Departure, And this Deponent with the said Captain
Pienoir and the rest of the said Ships Company hearing at Cadiz upon
their Return thither from Port Orient that War was declared by the
French King against Great Britain,[7] they the said Officers and
Company belonging to the said Ship _Lewis Joseph_ looked upon
themselves well warranted and authorized by the said Commission to Act
with the said Ship as a private Ship of War against the Subjects of
the King of Great Britain and to Seize and take their Persons and
Effects; That the said Ship did not touch in any Port or Place in
France after the time of this Deponents hearing of War being Declared
against Great Britain as aforesaid; That after the said Ships
Departure from St. Malo and during the said Voyage, the said Captain
Pienoir produced and read the said Commission to this Deponent and the
Rest of the said Ships company, and that the purport thereof was to
authorise the said Captain Pienoir with his said Ships Company to
Seize and take any Pirates, Interlopers and any future Enemys of the
French King with their Ships, Goods and Effects or to that Effect, and
was to Continue in force only for the said Voyage, and that the said
Commission had a large Seal affixt to it; but what or whose such Seal
was this Deponent knows not.
[Footnote 7: The king of France (Louis XV.) declared war on Great
Britain on Mar. 15, 1744, N.S.]
To the fourth and fifth Interrogatorys,
That he, this Deponent, knows the Vessel or Snow called the _St. Anne_
in the Interrogatory mentioned and now riding in the Port of
Philadelphia; That the said Snow being laden with Divers Wares and
Merchandizes at Cape Francois Sailed from thence in Company with the
said Ship _Louis Joseph_ and was afterwards taken by the said two
English Privateers who took the said Ship _Lewis Joseph_ or one of
them as this Deponent hath heard and believes, and was brought into
the Port of Philadelphia along with the said Ship, as the Prize of and
belonging to the said Privateers but when or where the said Snow was
Attacked or taken, or who was the Captain and Commander of her this
Deponent knows not, but hath heard and believes that the Captain,
Mariners and Owners of the said Snow were all Subjects of the French
King; and to the Rest of these Interrogatories cannot Depose.
JACQUE PIEGNON.
THE _APOLLO_.
_174. Deposition of John Brown. August 2, 1745._[1]
[Footnote 1: From the same manuscript volume as the preceding, pp.
262-264. The capture is thus recorded in the _Pennsylvania Gazette_ of
Aug. 1, 1745: "Yesterday arrived the Privateer _Trembleur_, belonging
to this Port, and brought in the Scotch Ship taken some Weeks since by
the Spanish Privateer Snow off the Capes of Virginia. Captain Bowne
met with [her] East of Bermudas, bound to Laguira".]
John Brown of Holywood near Belfast[2] in the Kingdom of Ireland being
Sworn,
[Footnote 2: Holywood is four or five miles northeast of Belfast, on
the east shore of Belfast Lough.]