Chapter XXII: Part 22

[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.

[Footnote 12: Lees.]

[Footnote 13: Vidonia, a dry canary.]

[Footnote 14: A payment which owners of goods made to the master, in proportion to their consignments, for his care of the goods.]

The remainder of the Cargo belongs to the Capn. here Inclosed you'l find a writing or Bill of Sale made before a Publick Notary of the Vesels being Sold to me, which I Judge proper to Send that no Difficulty's may arise in the Sale of the Vessel, and for that end I also Enclose you my power of Attorney, that you might act as you Shall Judge Proper and in Vertue of them I beg you'l Please to use your outmost indeavours to Dispose of her. She Cost me, put to Sea, 2000 Dollars, however you may Let her go if can do no better for 1300 Dollars or less, if the Capn. is willing; altho it appears as if She belonged entirely to me, he's half concerned in her so that you'l Please to act in conformity with him in Sale of her. if you Sell her pay him his half of the neat Produce of what she sells for, and the other half must be joyned to the Neat proceeds of the 50 pipes before mentioned, and to make one Acct of them. Pray also pay Said Capn. 195 Dollars and no more for the difference of freight due to him according to our Contract.

Supose you cannot Possibly Sell the Vessel (which I again Earnestly begg you'l indeavour to do) must then Procure her a freight and Partly load her out of the Neat Proceeds of the wines and procure the residue of her Cargo from your friends. in this Case you and the Capn. will be Pleased to contribute Each one half of the Charges the Vessel will be at to Set her out to Sea, not omiting a Passport from your Governor[15] Such as he now has from the Dutch Consul here. you are to give the Capn. necessary instructions for his Voyage. if it Should be for Amsterdam, you must address both Vessal and Cargo to Mr. Petter Doscher, and if for any other Port may Consigne her to whom you Please, ordering the Produce of both freight and Effects to be remited to Said Mr. Doscher of the Capital you intend to Passe into his hands that he might if Should be thought proper cause it to be Insured. if the Capn. Should die in the Passage (which God forbid) you must then after the arrivall of the Vessell put in one to your Satisfaction and also procure the Sale of his 45 pipes of Malvasia[16] and Vidono wines, and Remit there Neat proceeds with a Seperate Acct. to said Mr. Doscher, and in Case I should not resign over the Amt. of the Said 30 pipes V.P. you must also remit there Net proceeds and a Seperate Acct. to said Mr. Doscher, and joyn the 450 Dollars to the Acct. of the 50 pipes. You are to pay one half of the mens wages and the Capn. the other half, deducting what they have recevd. as p. Said Cap's. Catalogue. In short, altho I notte you all these Circumstances yett I beg your Principall imply[17] may be in the Sale of the Vessel for as much as she will fetch, and Persuad the Captn. that it is his Interest if he rightly Considers the Charge of Victualing and seting her out for a Voyage to Holland, to which I begg your Particular attention.

[Footnote 15: The Dutch governor of Curacao.]

[Footnote 16: Malvasia (Gr. Monemvasia) was a town on the southeast coast of Greece. The term malvasia wine, or malmsey, was originally used of a wine coming from that locality, but afterward, as here, of certain madeiras.]

[Footnote 17: Employ.]

Enclosed you'l find a notte of what the mens wages amount to monthly and so also a paper in Vertue of which you'l make the Capt. pay you 120 Dollars. I begg you'l Lett me know via Holland or per first Opertounaty the Success of this Enterprise. interim I remain with Humble Submission

Sir

Your Most Humble and obt. Ser't,

P. DOSCHER, Junr.

3d. Invoice of the following pipes of Wine laden for my acct. and risque to the Island of Curacao upon the Dutch Snow called the _Princess of Orange_, Cap. John Melidoni, and to the Consignation of Mr. Mastere, In his absence to Messrs. Rodier and Lecier Dwelling there, Markt as in the Margent--

M.R. No. 1-50 Pipes of Vidonia Wines In Casks as they are at the
Island of Madeira, Drawen from the Lees.

V.P. 30 Ditto. upon the Lees in Casks of this Island being
Larger then those of Madeira. these Last are to
pay 450 ps. of 8/8 Freight, which Freight Mony
you are to retain out of the Sales and folow my
orders therewith.

C.M. 18 Pipes of Vidonia }
Z. 3 Do. Malmsey }
Z. 1 Do. Malmsey in 2 half pipes } These pipes of
Z. 1 Do. Malmsey in 4 Qr. Casks } Wine are the
C. 15 Do. Vidonia } property of
D.N. } Capt. John
I. 45-1/2 } Melidoni.
C. }
D.N. 5 Do. Malmsey. }
O. 2-1/2 Do. Malmsey }
125-1/2 pipes Vidonia and Malmsey }
wines. }

STA. CRUX, THENERIFFE, 16th Xber[18] 1740.
Errors Excepted
P. DOSCHER, Junr.

[Footnote 18: December. All these dates written in Teneriffe are new-style dates.]

4. Translation of one Bill of Lading, viz:

I John Mellidoni, Master under God of my Ship named the _Princess of Orange_, now Laying ready at the Island of Theneriffe, to sail with the first good and fair Wind God shall Send, to Sail for the Island of Curacao, where my rightfull discharge is to be.

I acknowledge to have recd. under the Deck from you, Mr. Peter Doscher, junr.

M.R. Fifty pipes of wine

V.P. Thirty pipes of wine, all Dry and well conditioned and marked as in the Margent, all which I promise to deliver if God Grants me a Safe Voyage with my Ship at Curacao aforesaid, to Mr. Mestre, and In absence to Messrs. Rodier and Lecier, or to his Factor or Deputy, paying me for the freight thereof according to agreemt., with avaridge according to the Custom of the Sea, and to fulfill what is aforsaid, I bind my Selfe, all my goods, and my said Ship, with all her apparell. In testimony whereof I have Sign'd 4 Bills of Lading with my name, or my Clerk in my behalf, all of one tenour, one whereof being fullfil'd the other to Stand void. written in Sta. Crux upon the Island Theneriffe the 16th Xber 1740.

Insides and Contents unknown.

JAN MILIDONY.

The Translation of the Substance of 2 other Bills of Lading viz--

1st.

1. DCN. 18 pipes Vidonio wines of the outward marks.[19]
2. C M. 5 pipes Malvasia wines in whole pipes 2 half pipes
3. C M. and 4 quarter Casks
the residue Z. 1 Bag of venice Thread buttons
2 quarter cask Vidonio of the first mark
1 Bar'l. of Raisons and figs
8 Distil Stones
60 Stone Mortars
1 Bag of Venice thread buttons cont'g 504 gross

All Shipped By Capn. John Milidoni on bourd the Dutch Snow Call'd the _princess of Orange_, whereof he is Mr. and are for his proper Acct. and Risk, Consigned to himself, in his Absence to Mr. Mastre and in the absence of both to Messrs. Rodier and Le Cire In Curacao.

2d.

DCN. 15 pipes Vidonio wines of the without mark.[19] DCN. 7-1/2 idem Malvasia wines in 5 whole pipes and 5 half pipes of the without mark.

[Footnote 19: _I.e._, with marks like those here given in the margin.]

All Shipped by Capn. John Milidoni on board the Dutch Snow Called the PRINCESS OF ORANGE whereof he is Mas'r. and for Acct. of the new Company in Venice[21] Consign'd to himselfe, in his absence to Mester, and in the absence of both to Messrs. Rodier and LeCire in Curacao.

[Footnote 21: Not identified.]

5. Translation of Anthony Pereda's Declaration.

Declaration of Anthony Pereda Stower of the first that was loaded on the Ship _Princess of Orange_ for account of Andrew Jayme born in the City of Laguna[21] Eighteen or Twenty Pipes of wine, Secondly Mr. Stephen Pereda has loaded for his Acct. thirty pipes of wine, born in the City of Laguna I can Swear under my hand 11th of February 1740.

ANTHONY PEREDA.

[Footnote 21: San Cristoval de la Laguna, an old town on Teneriffe, four miles inland from Santa Cruz.]

6. Translation of a Spanish paper Signed by The Spanish Seaman.

This we write to Declare that the Snow called the _Princess of Orange_ and the Cargoe belongs in truth to the Spainish Merchants, and the Dutch Pass and Colours were only for a pretext in the affair; for which we have Set our names in testimony of the Truth upon Oath declaring to be forced neither by the Capn. nor any of the officers nor by imprisonment, one the contrary have been well used. Eleventh of February 1740.

GASPAR FAJARDO. JOHN GONSALES YANES. VINCENT ANTONIO. FRANCIS RODRIGUES. FRANCIS TABIEL. ANTONIO PEREDA.

7. The affidavit of the Spanish Sailors taken before James Abercromby, Judge Advocat to the Army before Carthagene.[22]

[Footnote 22: In the summer of 1740, when the expedition against Cartagena, under Vernon and Cathcart, was being planned, Capt. James Abercromby was made judge-advocate-general to the military forces. _Gent. Mag._, X. 358. This was the same Abercromby who afterward failed so lamentably as commander-in-chief of the British forces in North America, and at Ticonderoga, 1758.]

This day personally appeared before me Captain Seth Drummond of Philadelphia and Commander of a Privatteer Sloop Called the _George_ bringing along with him three Spainards Called Geronimo Faxardo, francisco Roderigues, and Antonio Pereda, who being duely Sworn by the Siegn of the Cross, being the manner of their Nation, do Depose that on the Twenty fourth of February last past, New Stile, a little to leward of the Island of Aruba,[23] in the West Indies, they being in a Snow come from the Island of Thenerife called the _Princess of Orange_ and Commanded by Capt. John Melidoni Loaded with wine, were taken by the above Capt. Drummond and they further Depose that notwithstanding their Said Captain Melidon had a Dutch passport and wore Dutch Colours yet in reality the Said Snow and her Cargo did belong to Spainish Merchants in the Said Island of Thenerife, and that they had no Dutch man on board, on the Contrary all the Crew were Spainards except the Said Captain, the Mate, and the Boatswain, and this They Depose by the Interpretation of David Campbell, Commisary of the Stores of war and provisions in the Brittish army before Carthagena; being for this Effect duly Sworn. Dated at the Camp before Carthagena this Sixth Day of April one thousand Seven hundred and forty one and of his Majesties Reign the fourteenth.

[Footnote 23: Aruba lies in the southernmost part of the Caribbean, off the Venezuelan coast and west of Curacao.]

Sworn before me JAMES ABERCROMBY,

Judge advocat to the army before Carthagene.

GERONIMO FAXARDO. his FRANCISCO [X] RODERIGUES. mark ANTONIO PEREDA'S mark [X] DAVID CAMPBELL.

8. Translation of the Portlidge Bill[24] from the Spanish.

[Footnote 24: A portledge bill was a register of sailors' names and claims for wages or allowances.]

Catalogue of the mens names and their monthly wages

Captain wages @ 30 x 8 p month commencing from the 17th Xbr. 1740. Pursers idem @ 20 Do. David Guise 13 Do. Gaspar fasado 6 Do. Francisco Gras 7 Do. Fran'so Roldan 9 Do. Visente Dias 9 Do. Francis Tabier 9 Do. Antonio Perera 9 Do. Juan Gordes 9 Do. Vincente Antonio 9 Do. -----

each month ps. 8/8, 130 and on acct. have received 174 Dollars as p. Capn. Acct.

9. Court of Vice Admiralty
Pensilvania.

Gaspar Fajardo a Native of the Island of Teneriff part of the Territories of the King of Spain and one of the Mariners taken on board the Snow called the _Princess of Orange_, being Solemnly Sworn by Sign of the Holy Cross according to the manner of Adminstring oaths in Courts of Justice within the Kingdom of Spain, Deposeth and Sayeth

That last year He sailed from the Havana and arrived at the Said Island of Teneriffe sometime in the month of August last past. That upon his arival, he was hired by one Captain John Melodny late Commander of the Said Snow called the _Princess of Orange_ and one Andrew Haymas a Native of the Said Island of Teneriffe to go a Sailor on board the Said Snow then rideing at anchor at the Said Island. That he was informed the Said Snow was built at Dublin in Ireland and that she with another Vessell was cut out of the Road of Santa Cruz on the Coast of Barbary[25] by a Spainish Privateer, brought into the Said Island of Teneriffe, and Condemned as a prize taken from the Subjects of the King of Great Britain and there Sold to the Said Capt. Milodony. That he sailed in the Said Snow from the Said Island in about two days after his arrival there from the Havana for the Island of Curacoa; but missed that Island, and fell in with the Land of Cora[26] and came to an anchor there. That perceveing the people on Shore to be in some Confusion the Master let fly a white Sheet with some red rags Sewed thereon in form of a Spanish Ensign;[27] and then the Said Capt. Melidony went on Shoar. That the Sailors saying they wanted victuals the said Capt. Melidony went up to the Town to the Governor or Chief magistrate and Sold him Four Quarter Casks of wine and recived for it about Forty Dollars. That the Said Capt. Melidony got some provisions there and afterwards returned on board the Snow.

[Footnote 25: On the west coast of Morocco; the famous modern Agadir.]

[Footnote 26: On the Venezuelan mainland, south of Aruba and southwest of Curacao.]

[Footnote 27: The Spanish flag bore red horizontal stripes on a yellow ground.]

The Deponent being asked what Cargo was on board the Said Snow and to whom the same did belong, He saith that the Snow was loaded with wines at the said Island of Teneriffe, and that Antonio Pereda a Sailor on Board the Said Snow who had received the Said wines on board and Stowed them in the Vessell frequantly after the takeing of the Said Snow informed him that eighteen or Twenty Pipes of the wine belonged to the aforesaid Andw Haymas, and that one Stephen Pereda a Spainard born as he beleves on the Island of Teneriffe aforesd. owned twenty eaght or thirty Pipes of the Said wines. That the first Information he received concerning the Said Andrew Haymas and Stephen Peredas owning those wines was after takeing the Said Snow and from the Said Antonio Pereda who upon Examination by the Commander of the Privateer called the _George_, freely and without any forse or Compulsion confessed that So much of the wines as are above mentioned, of his own Knowladge did belong to the Said Andrew Haymas and Stephen Pereda.

And this Deponant furthar saith, the paper now Shewn and read to him marked No. 8[28] Signed by himselfe and Six other Spanish mariners, was Signed by them freely and without Compulsion and contains nothing but Truth to the best of his Knowledge.

[Footnote 28: No. 6 above.]

That he heard the paper marked No. 11[29] now Shewen and read to him and read to the Said Antonio Pereda who in the presance of the Deponant freely and without any Constraint signed the Same and Declared the Contents thereof to be true.

[Footnote 29: Apparently no. 5 above.]

And the English Deposition marked No. 8[30] being likewise Shewen to this Deponant and the Contents thereof explained to him by an Interpreter duly Sworn and qualified for that purpose,

[Footnote 30: No. 7 above.]

He deposeth and Saith, That he with the other Deponents in the Said Deposition named did before James Abercromby in the said Deposition named make oath to the truth of the Contents of the Sd. Deposition and did Sign the Same in the presence of the Said James Abercromby freely and without Compulsion and further Saith, the Said Deposition contains nothing but the Truth to the best of his Knowledge and Belief.

GASPAR FAJARDO.

10. Court of Vice Admiralty
Pensilvania.

Francesco Rodrigues a Native of the Island of Teneriffe and one of the Mariners taken on board the Snow Called the _Princess of Orange_ being Solemnly Sworn by the Sign of the Holy Cross according to the manner of administring Oaths in Courts of Justice within the Kin[g]dom of Spain Deposeth and Saith

That he saw the Said Snow sold as a prize at the said Island of Teneriffe to Capt. John Milodony by order of Some Court there, but the particular time of the Sale he cannot Remember, That He was Shipped as a Sailor on board the Said Snow by the Said John Milodony and one Andrew Haymas, a Spainard and Inhabitant of the said Island. That the said John Melodony cairried this Deponant and three other Sailors belonging to the Said Snow to the House of the said Andrew Haymas in the said Island to receive advance wages on the Intended Voyage and that there the said Andrew Haymas did pay this Deponent nine Dollars for such wages and gave him a Note to pay nine Dollars more to the Deponant's wife, and then did pay the advance wages to the other three Sailors, all of which was done in the presance of the said John Melidony and that the Said Andrew Haymas was on board the Said Snow at the time of her Sailing from the Said Island of Teneriffe; and this Deponant further Saith, that after their Departure from the Sd. Island on their voyage to the Island of Curacoa, they missed the said Island of Curacoa and made the Island of Tobago[31] which the Pilot said was to windward of Curacoa. That they went from thence and fell in with the Land at Cora where they came to an Anchor. That the people on Shoare appearing to be in some Confusion, the Capt. Melidony hoisted a white Sheet with some red Rags sewed thereon in form of a Spanish Ensign, which Seemed to appease the People, and then the Captain went ashore in his Boat and got some Provisions. That they afterward left Cora and fell into Leeward of the Island of Aruba where they droped Anchor at some distance from the Shoare and were there taken by the Privateer Called the _George_. And this Depont. further Saith that in their Voyage the Sailors on board the Said Snow did Sometimes express their Fears of being taken by an English Privateer and that the Said Capt. Milodony bid them not to be afraied for he had got a Dutch Pass and Dutch Colours. That when Capt. Melidony's Sailors who were going ashore with him in the boat to the Said Island of Aruba, saw the Said Privateers Boat going on board the Said Snow they asked him what Signified his Dutch Pass and his Dutch Colours if that should be an English Privateer, to which he answered, be not afraied for my Pass and Colours will bring us off, or Save us, and this Deponent being asked what Cargo was on board the Said Snow and to whom the Same did belong, he Saith, that the Snow was loaded with wines at the Said Island of Teneriffe and that Antonio Pereda a Sailor on board the Said Snow who had received the Said wines on board and Stowed them in the Vessel, frequently after the takeing of the Said Snow informed him, that eighteen or Twenty Pipes of the wine belonged to the aforsd. Andrew Haymas, and that one Stephen Pereda a Spainard born as he belives on the Island of Teneriffe aforsaid owned twenty-eight or Thirty Pipes of the Said wines. That the first Information he received concerning the Said Andrew Haymas and Stephen Pereda's owning those wines, was after takeing the Said Snow and from the sd. Antonio Pereda who upon examination by the Commander of the Privateer Called the _George_, freely, and without any Force or Compulsion confessed that So much of the wines as are above Mentioned, of his own knowledge, did belong to the Said Andrew Haymas and Stephen Pereda.

[Footnote 31: One of the Lesser Antilles, far to the east of Curacao.]

And this Deponant further Saith that the Paper now Shewn and read to him marked No. 10,[32] signed by himselfe and Six other Spanish mariners was Signed by them freely and without Compulsion, and contains nothing but Truth to the best of his knowledge. That he heard the paper marked No. 11,[33] now Shewn and read to him, read to the Said Antonio Pereda who in the presance of the Deponant freely and without any Constraint signed the Same and declared the Contents thereof to be true. And the English Deposition marked No. 8[34] being Likewise Shewen to this Deponant and the Contents thereof explained to him by an Interpreter duely Sworn and qualified for that purpose, He Deposeth and Saith, That He with the other Deponants in the Said Deposition named, did before James Abercromby in the same Deposition named, make Oath to the Truth of the Contents of the Said Deposition, and did Sign the Same in the presence of the Said James Abercromby freely and without Compulsion, and further Saith, the Said Deposition contains nothing but the Truth to the best of his knowladge and Belief, and this Deponent further says that the forementioned Snow _Princess of Orange_ was navigated by Seven Spainish Seamen besides the Captain the Pilot and one Seaman being Irish and one native Frenchman who was most of his life in Teneriff, That the Paper now Shewn to him marked A.[35] contains the names of the Said Seamen and the Deponent verily belives is of the handwriting of the for said Andrew Haymas.

his
FRANCISCO [X] RODRIGUES
mark

[Footnote 32: No. 6 above.]

[Footnote 33: No. 5 above.]

[Footnote 34: No. 7 above.]

[Footnote 35: No. 8 above.]

And it appearing from the whole Tenor of the Evidence, that the Said Snow and her Cargo, were at the time of the Capture, the Property of Persons residing in the King of Spain's Dominions, viz. at Teneriff and Cadiz

It is considered by the Court That the said Snow _Princess of Orange_, Wines, and all other her Cargo, are, and hereby stand Condemned as lawfull Prize.

PAT. BAIRD, Regr.[36]

[Footnote 36: Dr. Patrick Baird was clerk of the privy council 1723-1726, 1740-1742, clerk of the admiralty 1724-1735, register of the admiralty court 1735-1744, and deputy judge of that court 1749-1752.]

THE _YOUNG EAGLE_.

_166. Petition of John Jones. December 30, 1741._[1]

[Footnote 1: Mass. Archives, vol. 64, pp. 124-125. For the _Young Eagle_, Captain Dumaresq, and Captain Rous, see doc. no. 128, notes 2 and 9.]

Province of the Massachusetts } Bay December } 30th, 1741 }

To His Excellency William Shirley Esquire, Captain General and Governour in Chief in and Over the Province aforesaid, And to The Honble. His Majestys Council of said Province,

The Petition of John Jones of Boston in the County of Suffolk Merchant

Humbly Sheweth

That about two Years ago One William Loud now residing in Boston went Out in the _Young Eagle_ Privateer, Phillip Dumarasque Commander, bound on a Privateering Voyage whereof your petitioner with others were Owners. That the said Loud behaved himself on board in Such a manner, that he was put on board One of His Majestys Ships of warr at Giberalter for Mutiny, from whence he afterwards found means to run away, and came to Boston, and applyed himself to your petitioner telling him he could Inform him how the Officers of sd. Privateer had greatly wronged your petitioner, That your petitioner being well Informed of sd. Louds Actions, Mutinying and Ill behaviour on board the said Privateer, thought proper not to Shew him any Countenance or hear any thing he had to Say, whereupon the said William Loud then, and from time to time Since, hath greatly abused and Insulted your petitioner, and has vowed and threatned to take revenge on your petitioner but for what reason he cannot tell.

That your petitioner has been Informed by Several Gentlemen of his Acquaintance, and is well assured, that sd. Loud has twice in the night besett your petitioners house, and there waited Several hours, with others unknown in Order to met your petitioner going in or coming out, and do him Some bodily hurt or take away his life, which your petitioner is actually apprehensive of, from the many threatnings of sd. Loud.

That your petitioner having just reason to fear that his life was in Eminent danger applyed to Justice of the peace, and Swore the peace against sd. Loud, but could not prevail upon any Officer to take said Loud up and carry him before a Justice, and the reason, as your petitioner thinks, is that they are affraid of him, he said Loud always appearing armed with a great broad Sword, and a Number of his Comrades with him, and Seems to bid Defiance to the Government and all Authority; That your petitioner when he has Occasion to go abroad at night, or come home to his house is Obliged to get a number of his friends to be with him for fear of being Insulted, abused or killed by sd. Loud.

That notwithstanding your petitioner obtained Leave from the 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