the months of March or April in the year 57, having seen him at the
House of Elizabeth Berrow the Irish Woman, where he was Informed that
he was come with his Wife and some other English People in a Long
Boat, having been cast away on the Coast of Campeche,[2] nor does he
know that he had ever been in this City before nor what he came about.
[Footnote 2: Yucatan.]
[Transcriber's Note: No 4th item in original.]
5. To the fifth he said that as before mentioned he saw Caleb David
with two or three English, but did not know their Names and
Consequently is Ignorant if they are the same that are mentioned in
the Enquiry and the other particulars thereof.
6. To the sixth he said that he only knew Antonio Correa by sight, by
being in Don Phelipe Ybanes's Company, that he has Understood he was a
Mariner but can give no particular Account what trade he was Employed
in nor the Vessel in which he went at the time Referred to in the
Enquiry.
7 and 8. To the seventh and Eighth he said that he has no Interest nor
Expects any from the Determination of the Cause; that what he has said
and Declared is the truth; that he knows nothing more of these
Articles than what he has already Related, of all which he has made
Oath and Signed his Name to it, being forty-two years of Age.
JOSEPH DE VEGA.
Before me
JOHNFERN'O DEL VALLE
Ny. Pub.
_193. Declaration of Domingo de Armas. November 20, 1759._
In the City of the Havana on the 20th of November 1759, Before his
Honour Don Martin de Ulloa, of the Order of St. James, one of His
Majestys Council and Auditor Gen'l of said City, Appeared Domingo de
Armas, a Native and Inhabitant of this City, and having been sworn
according to the usual form by making the Sign of the Cross and
therebye promising to declare the Truthe, being Enquired According to
the Tenor of the Articles Contained in the Interrogatory inserted in
the foregoing Copy, he Answered as follows
1. To the first Article he said that he knows Don Phelipe Ybanes, a
Native of the Kingdom of Castele, and settled in this City ever since
the loss of the _Flora_, Commanded by Don Rodrigo de Torres, on the
Rocks of Florida, and Married here to a Neice of Doc'r Don Ambrosio de
Medrano; That he has seen the said Ybanes working in a Dwelling House
near the Great Bridges; that he and his Negroes were Employed at the
Kills making Charcoal and Lime; That he afterward came to this City
where he saw him several times but does not know what Employment he
had Excepting that he once heard him say that he had a Schooner in the
Coast Trade and that he would discharge the Master for not making so
good a Hand of Her as might be Expected, but it is now three Years
since he saw him in this City; That he then said he had been Robbed by
some English Privateers and that he was thinking to go to Recover the
Effects they had taken from him.
2. To the second he said that he has no knowledge of the said Schooner
nor of any other particular contained in this Enquiry.
3. To the third he said that there appears nothing from this Enquiry
that he can Answer to.
4. To the fourth he said that he knows Caleb David, that He and his
Wife lived in the House of Elizabeth the Irish Woman, that he came to
this City about three years agoe, as he was Informed, in a Long Boat
or Barge, having been cast away on the Coast of Campechy, which is all
he can say to this Enquiry.
5. To the fifth he said that he is Ignorant of the Contents of this
Enquiry.
6. To the Sixth he said that he only knows Antonio Correa to be a
Seafaring Man of middle Stature and brown Complexion, but knows
nothing of his making a Voyage at the time mentioned nor of any thing
else Contained in this Enquiry.
7. To the seventh can say nothing farther.
8. To the Eighth he said that he has not nor does he Expect any
Interest from the Determination of this Cause, That what he has
declared is the truth, to which he has made Oath, and is Sixty Years
of Age. Signed by him and Rubricated by his Lordship, of which I give
Testimony.
DOMINGO DE ARMAS.
Before me
JUAN FERN'O DEL VALLE.
N'y Pub.
_194. Declaration of Elizabeth Berrow. November 22, 1759._
In the Havana on the 22 Novemb'r 1759, Before His Honour Don Martin de
Ulloa, of the Order of St. James, one of his Maj'ys Council, Lieut.
Gov'r and Auditor of this City and Jurisdiction, Commissioned by his
Majesty in this Cause, Appeared Elizabeth Berrow, a Widow and
Inhabit't of this said City, and Swaring by the Sign of the Cross
according to Right and Form, promised to declare the Truth, and being
Enquired relating to the Tenor of the Articles Inserted in the
Interrogatory and Comprehended in the foregoing Copy Declared as
follows--
1. To the first she said that she knew Don Phelipe Ybanes in the year
56 by reason of his having been several times at her House, where
Caleb David an English Man Lodged, who he went to see; That she knew
said Ybanes to be a Spaniard by having heard it so Reported and that
he Married in this City; that he went to Sea in a Shooner of which he
was entire Owner, as said Caleb David and Ybanes himself Reported.
2. To the second she said that she understood from said Ybanes that
the Schooner which he called his own was Named _Our Lady of the
Rosary_ though she never saw said Schooner in this Port. That the said
Ybanes before he went out in her came to see Caleb David and told him
in the presence of this Deponent that he had been thinking to make a
Voyage to Jamaica and that if he had any Commands there he would
Execute them, telling him that he carried to the Amount of Eight
Thousand Dollars in Money and Gold and Silver Trinkets. Upon which
said Caleb David gave him Several Letters of Recommendation for
Jamaica and desired him to carry two Englishmen that came with him in
the Long Boat from Campeche to this Port where the Embarkation in
which they arrived had been Confiscated.
3. To the third she said that she Refers to what she Answered in the
foregoing and that it does not appear to her that said Schooner
carried any other Cargoe beside the Money and Trinkets as aforesaid,
nor does she know if she went to Sea with Correspondent papers and
Passports or not, But when Don Phelipe Ybanes Returned to this City
and Related to Caleb David how the English Privateers had taken away
what he Carried and that he was minded to go to Jamaica and Reclaim
his Effects, said Caleb David offered him New Letters of
Recommendation and a Certificate that said Ybanes was not risen up as
the English had been pleased to Suppose but was only a Merchant.
4. To the fourth she said that she knew Caleb David very well, that he
Lodged three Months and odd Days at her House, by means of which she
came to know that his coming to this City was to Reclaim some prises
taken from the English Nation after the Cessation of Hostilities, to
which End he brought Powers from the Concerned and Dispatches from the
Court of Gt. Britain which he shewed to this Deponent.
5. To the fifth she said that she knew the two individuals mentioned,
the one of which was a German and the other an Englishman, but both
Subjects of the King of G'Brit'n and living in Georgia, who came to
this City with Caleb David in the aforesaid Long Boat and are the same
Persons that he desired Don Phelipe Ybanes to take with him to
Jamaica, and she was informed by said Caleb's Wife that in Effect they
did go with him, but does not know if they went away by Day or by
Night, as they did not Lodge in the Deponents House but on board the
Long Boat and only came there once a Day to carry provision, which was
Considered to be for Ybanes's Schooner, which he declared was so when
he Returned to this City and said that the English Privateer Carried
them on board as being Subjects of G't Britain.
6. To the Sixth she said that she only knows Antonio Correa, whose
Employ is that of a Mariner, but is Ignorant what Voyage he made in
the year and at the time mentioned or in what Vessel.
7. To this she said that she knows nothing of what is Contained in
this Enquiry.
8. To the Eighth she said that she neither Expects nor has any
Interest from the Decission of this Cause and that what she has
Declared is the Truth of which she has given Oath, being Dated. That
she is thirty six years of Age. to which she Signs her Name and His
Honour has placed his Rubric.
ISABEL DE VERROA.
Before me
JUANFERN'O DEL VALLE.
Not'y Pub.
_195. Reversal of Sentence by Appellate Court. December 19, 1760._[1]
[Footnote 1: This document appears, substantially the same, in Sir
William Burrell's report in Marsden, _op. cit._ (see doc. no. 184,
note 1), p. 185. Ybanez having appealed from Judge Morris's decree,
the case came at last before the Lords Commissioners for Appeals in
Prize Causes. Their names are given in the heading. Granville, earlier
known as Carteret, was lord president of the council from 1750 to
1763, Kinnoull chancellor of the duchy of Lancaster 1760-1762,
Mansfield chief justice 1756-1788. Cholmondeley and Falmouth were
lieutenant-generals. Nugent and Ellis were vice-treasurers for Ireland
and members of Parliament. All these commissioners were privy
councillors, all were politicians, none but Mansfield was a lawyer,
though the wide range of Granville's learning embraced a considerable
knowledge of the law.]
Extracted from the Registry of his Majestys high Court
of Appeals for Prizes.
_Friday_ the Nineteenth day of December in the year of our Lord one
thousand seven hundred and sixty, before the Right Honourable John
Earl Granville, Lord President of his Majesty's Most Honourable Privy
Council, George Earl Cholmondeley, Thomas Earl of Kinnoul, Chancellor
of the Dutchy of Lancaster, Hugh Viscount Falmouth, John Lord Berkely
of Stratton, Samuel Lord Sandys, William Lord Mansfield, Lord Chief
Justice of his Majesty's Court of Kings Bench, Robert Neugent Esquire
and Wellbore Ellis Esquire, Commissioners (among others) of his
Majesty's most Honourable Privy Council for the Receiving, Hearing and
Determining of all Causes of appeals as to Prizes, in the Privy
Council Chamber at White hall in the Presence of Nathanuel Bishop,
Notary Publick, Deputy Register of the said Court.
_La Virgin del Rosario y el Santo Christo de Buen Viage_
Philip Y Banes Mr.
A Business of Appeal and Complaint of }
Nullity promoted by Philip Y Banes Master } For Sentence
of the Spanish Ship _La Virgin del Rosario_ } on the Second
_Y el Santo Christo de Buen Viage_ } Assignation
against Richard Haddon Commander of } and Informations.
the Schooner _Peggy_ }
Their Lordships having heard the Proofs and Council on Both Sides
declared that it Appears to their Lordships that upon the Case laid
before the Judge below by the Respondent himself the Capture of the
Effects in Question ought to have been deemed Piratical, that the
Respondent ought to have been prosecuted for the same and the Effects
Secured and that the Proceedings were Irregular and Illegal and the
Sentence of Condemnation of the Thirty first March 1757 Appeald from
Unjust and Warranted by no Collour of Proof. Therefore their Lordships
By their Final Decree or Sentence Reversed the same and Decreed the
Ten Doubleoons, five thousand seven hundred and sixty four Dollars,
one hundred and five Pistreens, one Bracelet, Twenty Gold Rings, the
Silver Buckles and Small Silver, Six Swivel Guns and Shott, one Cask
of Powder and Cutlasses and one Bag of Indigo to be Restored or the
Value thereof to be paid to the Claimant, and Condemned the Captor in
Costs and Damages and their Lordships are of opinion that the Governor
of New York ought to cause the Bond given by the Captain of the
Privateer to be put in Suite and apply the Penalty for the Benefit of
the Claimant.
GODF'Y LEE FARRAND, Register
of his Majesty's high Court
of Appeals for Prizes.
_196. Appeal of Miller and Simpson. July 7, 1761._[1]
[Footnote 1: For Miller, see doc. no. 186, note 3; for Simpson, doc.
no. 187, note 3. The Lords Commissioners for Appeals, in pronouncing
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
pronounce 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 documents 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, vulgo 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 nobis indicarunt, petentes a nobis
libellum dimissionis et literas assertorias, quibus exteri certi
reddantur, hanc Civitatem nec Peste, nec ullo alio morbo contagioso,
infestari. Enimvero cum 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 cum 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, quo publice ad causas utimur, muniri, et
manu ejus, qui nobis 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-pass and clearance, by which foreigners may be assured 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 assure all those to whose care this matter
belongs, that through the goodness of God 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 municipal corporation usually
had, besides its great seal used for the more solemn public documents,
a lesser seal, called the _sigillum ad causas_, used for minor public
documents 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 shore, 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 Quantity 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 Quantity of
Indigo, Cotton-Wool, Hides, etc. valued at about 9000L 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 circumstances
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 assign 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.