Privateering and Piracy in the Colonial Period Part 84

} Commission of the same Date, } Leeward } for Trying such Pirates, as shall } 200 Islands } be taken and carried into His } } Majesty's Leeward Islands. }

} Commission of the same Date, } Island of } for Trying such Pirates, as shall } 205 Jamaica } be taken and carried into His } } Majesty's Island of Jamaica. }

} Commission of the same Date, } Provinces of } for Trying such Pirates, as shall } South Carolina } be taken, and carried into His } 209 and Georgia } Majesty's Provinces of South } } Carolina and Georgia. }

} Commission of the same Date, } Ma.s.sachusetts } for Trying such Pirates, as shall } Bay, New } be taken, and carried into His } Hampshire } Majesty's Provinces of the } 214 and Rhode } Ma.s.sachusetts Bay and New } Island } Hampshire, and Colony of Rhode } } Island. }

_Sir_,

The _Danae_ sailed 6th May 1762 for Jamaica and Leeward Islands.

_Gosport_ 7 April 1762 for Virginia and Maryland.

_Launceston_ 7 April 1762 New England.

but cannot find out how the Pacquets to Nova Scotia and Newfoundland were conveyed.

_202. Articles of Agreement; the Mars. June 23, 1762._[1]

[Footnote 1: Printed broadside, 20 by 16 inches, preserved among the papers of the New York vice-admiralty court, no. 85 in the "large book". It bears near the heading a picture of two vessels, with the legend, "Success to the Brigantine _Mars_." With these elaborate articles of agreement may be compared the articles of agreement, substantially similar, of the Rhode Island privateer _Defiance_, 1756, in the _Newport Historical Magazine_, II. 198-204, or those of the _General Washington_ and the _Belisarius_, 1781, presented in facsimile in the _N.Y. Geneal. and Biog. Record_, LIII. 349-351.]

_New-York, June 25, 1762. Articles of Agreement Made and Agreed upon, Between Capt. Dennis M'Gillycuddy,[2] Commander of the Privateer Brigantine, call'd, the Mars, and Company. (Printed by H. Gaine, in Hanover-Square.)[3]_

[Footnote 2: The _Mars_ came in on Apr. 21 from a previous cruise, under the same captain. _New York Mercury_, Apr. 26, 1762. May 22, the vice-admiralty court p.r.o.nounced a decree in a suit brought by her commander, as libellant, against the prize snow _Johnson_. July 2, we find him, as owner of the _Mars_, 16 guns, pet.i.tioning for a fresh commission as commander of her. _Cal. Hist. MSS. N.Y._, II. 732, 734.

"On Monday last [July 5] sailed from the Hook, on a Cruize against his Majesty's Enemies, the Privateer Brig _Mars_, Capt. McGillycuddy"; _Mercury_, July 12. The issues of Oct. 18 and Nov. 29 show that she made many prizes, but lost her captain.]

[Footnote 3: Hugh Gaine, the celebrated printer of the _New York Mercury_, had his shop at the Bible and Crown in Hanover Square from 1757 to 1800. _Journals of Hugh Gaine_, ed. Paul L. Ford, I. 8, 9.]

_Imprimis_, That the said Dennis McGillycuddy, for himself, and in Behalf of the Owners of the Privateer, shall put on board the said Brigantine a sufficient Number of Great Guns, Small Arms, Powder, Shot, and all other necessary warlike Stores and Ammunition; as also, suitable Provisions sufficient for the said Brigantine, during the whole Cruize; which Cruize is to be understood to be from the time of the said Brigantine's sailing from the Port of New York, until the Time of her returning thither again, for which there shall be no Deduction made out of the said Company's Shares: And in Consideration thereof, the Owner of the said Brigantine or his subst.i.tutes, shall have and receive _One Half_ of all Prizes, Goods, Wares, Merchandizes, Monies, Effects, etc. that shall be taken during this Cruize; the other _Half_ shall be divided, and paid to the said Brigantine's Company, by the Captain aforesaid, according to the Rules hereafter stated.

II. That the Captain shall have and receive, for himself, _Six Full Shares_, and shall be granted all Privileges and Freedoms which have been granted any Captains of Privateers: That the Lieutenants and Master, shall each of them have _Three Full Shares_, That the Captain's Clerk, Mates, Steward, Prize-Master, Gunner, Boatswain, Carpenter, and Cooper, shall each of them have and receive, _Two Full Shares_. That the Gunner's Mate, Boatswain's Mate, Doctor's Mate, Carpenter's Mate, and Cooper's Mate, shall each of them have and receive _One Share and a Half_.

III. That the doctor of the said Privateer, or whoever is at the Expence of the Chest of Medicines, shall have and receive the Sum of ---- Pounds, if well furnished. Also the doctor shall have and receive for himself _Three Full Shares_, as also all Medicines and Instruments belonging to any Doctor that shall be taken.

IV. That if any Person spies a Sail, and she proves to be a Prize worth One Hundred Pieces of Eight a Share, he shall receive Forty Pieces of Eight at Six Shillings. And the first Man who enters on boarding a Prize in an engagement, and strikes her Colours, shall receive Half a Share for his Bravery.

V. That all the rest of the said Brigantine's Company, such as shall be deemed able and sufficient Seamen, shall each of them have and receive _One Full Share_, out of the Effects, Plunder and Prizes, that shall or may be taken by the said Brigantine during the Cruize, Provided, They are not found guilty of the Faults or Crimes hereafter named.

VI. That as to the Proceedings of the Vessel, and undertaking any Enterprize at Sea, or on Sh.o.r.e, and into what Port any Prize shall be Carried that shall be taken during the Cruize, shall be left entirely to the Captain's Election.

VII. That whoever of the Company shall breed a Mutiny or Disturbance, or strike his Fellow, or shall Game with Cards or Dice for Money, or any Thing of Value, or shall sell any strong Liquors on board, during the Voyage, he or they shall be fined as the Captain and Officers shall direct. And if any of the Company be found pilfering or stealing any Money or Goods of what kind soever, belonging to the said Privateer or Company, he or they shall forfeit his or their Share or Shares of the Prize-Money or Effects then and afterwards taken by the said Brigantine, during the whole Cruize, to the Owner and Company.

VIII. That if any of the Company in an Engagement with the Enemy, or in the true Service of the Cruize, shall lose a Leg or an Arm, or be so disabled as to be deprived of the Use of either; every such Person shall be allowed out of the effects or Prize first taken, (before any Division be made) the Sum of _Six Hundred Pieces of Eight_, at Six Shillings; or the Value thereof in Goods, at the Price according to public Sale: But if there be not so much taken at that Time, the vessel and Company shall keep out till they have enough for that Purpose; Provided no extraordinary Accident happens.

IX. That all the small Plunder, shall be brought to publick Sale, and be delivered to the highest Bidder, for which their Shares shall be accountable, excepting the Captain's Perquisites, which are such as did belong to the Captains of Prizes, and such Clothing as the Captain shall think proper to allow the Prisoners.

X. That if any Person belonging to the said Brigantine, be killed in an Engagement, or die on board, his Share or Shares, of all Prizes taken in his Life-Time, shall be paid to his Executors, if so appointed by Will; but if no Will be made, then his Part of what was got as aforesaid shall go to his Widow, or Heirs at Law, if claim'd in Twelve Months, from the Time of the said Brigantine's Arrival into her commission'd Port; and on Failure thereof, said Share or Shares shall be and belong to the general Interest of the Whole.

XI. That if any of the Company do disannul any of the Officers Commands for the Good of the Cruize, or the general Interest, he or they shall be fined and punished as the Captain and Officers shall direct. And if any of the Company do a.s.sault, Strike or Insult any Male Prisoner, or behave rudely or indecently to any Female Prisoner, he or they shall be punished as the Captain and Officers shall direct. And if any of the Company begin an Attack, either by firing a Gun, or using any Instrument of War, before Orders be given, by the proper Officers, he or they shall be punished; but if any of the said Company do refuse to make an Attack on the Enemy, either at Sea or Land, at the Command and in the Manner ordered by the Captain and proper Officers, or do behave with Cowardice in any Engagement, he or them shall forfeit his or their Share or Shares for such Refusal or Cowardice; and if any of the Company get drunk, or use blasphemous and prophane Words, they shall be punished as the Captain and Officers shall direct: And likewise if any of the Company do desert the said Schooner before her Return to New-York, he or they shall forfeit their whole Shares to the Owner and Company, first paying such Brigantine's Debts as are contracted by the Captain's Knowledge.

XII. That at the Division of any Money or Effects taken this Cruize, ---- Dead Shares shall be deducted out of the Whole, which shall be divided by the ---- amongst the most Deserving and them that does most for the benefit of the Cruize.

XIII. That any Prize or Prizes that shall be taken during the Cruize, shall be with all Speed sent into the Port of New-York, in order that the same may be libelled against in the Court of Admiralty for Condemnation, and to no other Place whatsoever, except said Prize shall be so disabled that she could not proceed to said Port: And any Person or Persons which shall be aiding or a.s.sisting, or shall give his or their Consent for sending any Prize or Prizes, into any other Port but the Harbour of New-York aforesaid, shall forfeit his or their Share to the Owner and Company; and that no Division shall be made till they return to the Port of New-York.

XIV. That in Case any neutral Property, or any Property whatever, be taken and sent into Port, and after Condemnation be had, an Appeal should be entered by the Claimants, then, and in such Case, it shall be Lawful with the full Consent of the Captain and Company of the said Privateer, for the Owner, or his Attorney, to compromise, compound, and settle, by giving up any Sum or Part of the Prize, as shall seem most advisable to him for the general Interest, that the Captain and Company may receive each and every one of them their just and lawful Right and Prize-Money, and not be kept out of their Money until the Appeal may be determined in England; and in Case no such Compromisation can be made, then a certain Sum, shall be lodged out of the Prizes before taken, to prosecute the said Appeal: And it shall likewise be lawful for the Owner or Agent of the said Privateer to discharge any Capture that may be made during his said Cruize, without the formality of a Prosecution, in order that all unnecessary Charges may as much as possible be avoided.

XV. That it shall not be lawful for the said Officers and Company, or either of them, to demand or sue for the Prize-Money so to become due to them, or any Part thereof, until fourteen Days after the Sale of such Prize or Prizes, the Settlement of the Accounts relating to the said Cruize, and the actual Receipt of the Money by the Agent appointed to manage the Affairs of the said Cruize.

XVI. That if it should happen, that the said Briganteen, by Means of any Fight, Attack, or Engagement, be lost, sunk or disabled, so as she may be thereby rendered unfit for any further Service as a private Vessel of War to cruize; that then, and in such Case, the owner of said Brigantine, shall be ent.i.tled to take to himself, and for his own sole Use and Property, any Ship or Vessel taken during the Cruize, with her Guns, Tackle, Furniture, Ammunition and Apparel, not exceeding the Value of the Brigantine at the Time of her Sailing; which Ship or Vessel so taken shall be to the Owner in Lieu of the said Brigantine.

XVII. That in Case of the Death of the Commander, the next in Place shall strictly observe and comply with the Rules, Orders, Restrictions and Agreements, between the owner of the said Brigantine and the said Commander.

G.o.d Save the King, and Success to the _Mars_, and all her brave Crew.

_203. Certificate of a Negro's Freedom. June 26, 1762._[1]

[Footnote 1: From the papers of the New York vice-admiralty court, book III. The doc.u.ment is not signed, but a translation written on the back of it is signed Lagardien, to which is added a note: "Mons.

Lagardien is a Gentleman of an Estate near the Cape [_i.e._, Cap Francois] in St. Domingo and came hither for his Health about the latter End of Octob. last". July 24, the provincial council gives a pa.s.s to "Mons. De Laugardiere" to proceed to Bristol, England, in the snow _Belle Sauvage_. _Cal. Hist. MSS. N.Y._, II. 734. Judge Hough informs me that, negroes found on captured vessels being often sold as prize, attempts to obtain their freedom, as in the present case, were often made, and that these attempts were usually unsuccessful in the earlier period of the court's existence, successful in the later.]

Je Soussigne Certifie que le negre apelle laville, qui se trouve actuellement prisonnier a la nouvelle York, Est Libre de naissance, Pour l'avoir veu et connu a St. Domingue travailliant de son metier de charpentier, Et si le pet.i.t negre qui a Ete pris avec luy est son neveu comme il l'atteste, il est aussy libre, D'autant plus que le pere et la mere dud. negre laville sont aussy affranchis, En foy de quoy jay signe le present certificat, que jatteste veritable a la nouvelle York le 26e juin 1762.

_(Translation)_

The undersigned certifies that the negro called Laville, now prisoner in New York, is free born, having seen him and known him at St.

Domingo where he was working at his trade as carpenter, and if the little negro captured with him is his nephew as he declares, it is incontestable that he also is free, the more so that the father and mother of the said negro Laville are also freed people. In testimony whereof I have signed the present certificate, which I attest as authentic. New York June 26, 1762.