[Footnote 55: "William Moone, who came from London in the storeship with the recruits." Bruce, pp. 386, 410-412, 417-420.]

_Thursday 13th._ Landed all our Corn and made a Clear hole of the prize. att 9 PM. it begun to thunder and Lighting very hard. Our Sloop Received great damage by a thunder bolt that struckt our Mast and Shivered it very much, tore a large peice off of the hounds and as it fell tore up the bitts[56] and broke in the hatchway, burst through both our Sides, and Started the plancks under her whale,[57] melting several Cutlashes, pistolls, and fired off several Small Arms, the bullets of which stuck in her beam. It was some time before we perceived that she Leakd, being all thunder Struck, the Master stepping over the Side to Examine her put his foot on a planck that was Started on the Larboard side, and all this time the water was pouring it [in]. we Immediatly brought all Our Guns on the Starboard Side to Give her a heel and Sent the boat ash.o.a.r for Our Doctor, a Man being hurt by the Lighting, Wm. Jackson. when we Gott her on a heel we tryed the pumps, not being able to do it before, for our Carefull Carpenter had ne'er a pump-box Rigg'd nor fitt to work so had it not been for the Kind a.s.sistance of the Man of warr's people, who hearing of Our misfortune ash.o.a.r Came immediatly off and put Our Guns on board the prize, we must Certainly have Sunk, most of Our hands being ash.o.a.r. This day James Avery Our Boatswain was turned out for neglect of duty and Ralph Gouch put in his Room.

[Footnote 56: Hounds were projections at the masthead, supporting the rigging. Bitts were posts on the deck, for purposes of belaying.]

[Footnote 57: Gunwale.]

_Friday 14._ This Morning Came on board Capt. Frankland and Lieut.

Stewart[58] to see the misfortune we had Suffered the Night before. he Offered his a.s.sistance in all he Cou'd and Spared Us his Carpenter who view'd the Mast and said he thought he coud make it do again. The Capt. hearing of a peice of timber for his purpose waited on his Excellency to desire him to lay his Command on Mr. Jno. Thompson[59]

to Spare it him. He sent Mr. Scott, Judge of the Admiralty, to Go and Gett it in his name, promising to make it Good to him in Case of any trouble, the peice not being is [his]. Unloaded all Our provisions and put them on board the prize to Gett Ready for the Carpenters to Repair Our Sloop.

[Footnote 58: Capt. Thomas Frankland (afterward Adm. Sir Thomas Frankland) commanded the _Rose_, 20, on the Bahamas station from 1741 to 1745. He was a descendant of Oliver Cromwell, and a younger brother of Sir Harry Frankland, on whom see note 65. He married Sarah Rhett, of South Carolina, a granddaughter of Chief-justice Nicholas Trott (see doc. no. 106, note 3). Lieutenant Stewart was the Major Stewart of note 54, second lieutenant in the independent royal company and major of the militia. Bruce, pp. 386, 394, 400-402, 431-432.]

[Footnote 59: John Thompson of Harbour Island was a member of the council. James Scott was speaker of the a.s.sembly, judge of the admiralty court and at times chief justice. _Journal of the a.s.sembly of the Bahamas_, 1741, pp. 1, 2, 8, 18, 24; Bruce, pp. 395, 417.]

_Sat.u.r.day 15th._ The Comp'y Q Mr. and mySelf were Examined with John Evergin and Saml. Elderidge the two English prisoners Concerning the prize. a Court was Called att 4 oClock PM. they Read Capt. Nortons pet.i.tion and appointed an Agent for the Owners, so Adjourned till Munday 10 of the Clock AM.

_Sunday 16th._ All hands att Rest. few G.o.dly inclin'd, it being the Lords day.

_Munday 17th._ The Court mett According to Adjournment. Examind Juan Baptista Domas concerning the freedom of the prisoners. took his depos'on in writing. all the Evidences [and] deposition were read in Court, Sworn too and Signed, then the Court Adjourned till Wednesday 10 of the Clock. no Lawyers in the place, the only blessing that G.o.d coud bestow on such a Litigious people.

_Tuesday 18th._ We Gott out Our mast and Sent it ash.o.a.r to Gett it fisht and make it fitt for the Cruize.

_Wednesday 19._ Att 10 AM. the Court being opened and the Libell Read I beg'd Leave of his Honour to be heard, which being Granted I spoke as follows.

May it please Your Honr.

As there is no Advocate appointed by this Hon'ble Court too Appear in behalf of the Captures[60] of a Sloop that was taken by Don Pedro Estrado July the 5th, belonging to some of his Majestys Subjects of Great Britain or Ireland, and Retaken by Capt. Benj'n Norton and Comp'y in a private Sloop of War Called the _Revenge_ July the 28th, and brought into this Court for Condemnation, As Capt. QMr. I appear in behalf of the Owners, Capt. and Comp'y to prove that the said Sloop and Cargo togather with the three Mollattos and one Negro, all Slaves belonging to some of the Vessells or Subjects of the King of Spain, ought to be Condemned for the benefit and Use of the Captures as aforesd.

[Footnote 60: Captors.]

I'm Certain I'm Undertaking a taske no ways Qualifyed for it, But as I have Leave to speak in a Court inst.i.tuted by the Laws of England and before a Judge whom Im Certain is Endued with the strictest Honour and Justice I dont doubt that if through Ignorance I shoud omit any proof that woud be of advantage to Us Your Honour will be so Good as to Aid and a.s.sist me in it.

It will be needless, I believe, S'r, to bring any further proof than what has been already bro't and Sworn too in Court to prove the Right and power we had in Seizing this Sloop and Cargo on the high Seas and bringing of her here for Condemnation. There is a Late Act of parliament made in the 12 y'r of his present Majestys Reign,[61] wherein it says that all Vessells belonging to his Majestys Subjects of Great Britain or Irel'd that shall be taken by the Ennemy and have been in their possession the s.p.a.ce of 96 hours if Retaken by any private man of War the Captures shall be Int.i.tuled to the one half for Salvage free from all Charges.

As this [h]as been fully proved in Court that the time the Ennemy [h]as had her in possession is above 96 hours I dont doubt but the one half free of all Charges will be allotted Us for Salvage.

[Footnote 61: Not 12, but 13 Geo. II., ch. 4, sect. 18. The recaptors were ent.i.tled to one-eighth for salvage if the vessel had been in enemy possession 24 hours, a fifth if 24-48 hours, a third if 48-96, a half if 96.]

The thing in dispute is the three Mollatos and one Negro, all Slaves taken on board the prize, said to belong to some of Va.s.salls or Subjects of the King of Spain and is by this Court put to Us too prove they are so, which hope to do by some Circ.u.mstances and the Insufficiency of the Evidence in their favour which amounts to nothing more than hearsay.

The first Evidence in their favour is that of John Evergin, a Native of No.Carolina,[62] who professes himself to be a Child of the Spirit, who for the Value of a Share in April last having been taken prisoner by the said Don Pedro Estrado and brought to St. Augustine did Consent to pillott them in the Bowells of his Native Country and betrayed them to that Cruel and Barbarous Nation. Can Your Honour Confide in a Man who has betrayed his Countrymen, Robbed them of their Lives and also what are dearer to them their Liberty, One who has Exposed his Bretheren to Eminent Dangers and Reduced them and their familys to Extream wants by fire and Sword? Can the Evidence, I say, of so vile a Wretch who has forfeited his Leige to his King by Entring in the Ennemys Service, and unnaturally sold his Countrymen, be of any weight in a Court of Justice? No, Im Certain, and I hope it will meet with None to prove that these Slaves are freemen for all that he as [has] said as he owns was only but hearsay. The other Evidence is of a Villain of another Stamp a French Runnagado, Juan Baptist Domas. his Evidence is so Contrary to the Questions askt Francisco and Aug'ne that I hope it will meet with the same fate as the first deserves not to be Regarded. I'll own he has sworn to it, but how? On a peice of a Stick made in the shape of a thing they name a Cross, Said to be blest and Sanctyfyed by the poluted words and hands of a wretched priest, a Sp.a.w.n of the wh.o.r.e of Babylon, who is a Monster of Nature and a Servant to the Devill, Who for a Riall will pretend to absolve them from perjury, Incest and parricide, and Cannonize them for Cruelties Committed to we Herreticks, as they stile us, and Even Rank them in the Number of those Cursed Saints who by their Barbarity have Rendered their Names Immortall and Odious to all true Beleivers. tis by such Devills they Swear and to them they pray. Can then Your Hon'r Give Credit to such Evidence, who no doubt they had agreed between them that he should swear they were free, which he might Easily do, for no Question but they told him so: and to swear it was but a trifle when absolution Can be Gott so cheap. It does not stand to Reason that Slaves who are in hopes of Getting their freedom wou'd own they are so. Does not their Complextion and features tell all the world that they are of the blood of Negroes and have suckt Slavery and Cruelty from their Infancy? Can any one think when we Call to mind that barbarous Action Committed to his Majestys Brave Subjects att the Retaken of the fort att St. Augustine, Occasioned by the treachery of their Vile Gen'l who Sacrificed them to that Barbarous Colour, that it was done by any that had the Least drop of blood Either of Liberty or Christianity in them? No, Im Confident Your Hon'r cant think so, No not Even of their Gov'r under whose vile Commission this was Suffered to be done and went unpunisht Headed by this Francisco that Cursed Seed of Cain, Curst from the foundation of the world, who has the Impudence to Come into Court and plead that he is free. Slavery is too Good for such a Savage, nay all the Cruelty invented by man will never make amends for so vile a proceeding and if I may be allowed to Speak freely, with Submission, the torments of the world to Come will not Suffice. G.o.d forgive me if I Judge Unjustly. What a miserable State must a Man be in who is Under the Jurisdiction of that vile and Cruel Colour. I pity my poor fellow Creatures, whom many have been made prisoners this War and some lately that have been sent to the Avanah, and all by the treachery of that vile fellow John Evergin who says he's posse'd with the Spirit of the Inward man but was possessed with the Spirit of Belzebub when he pillotted the Cursed Spaniards over the barr of Obric.o.c.k as it has been proved in Court.

[Footnote 62: John Everigin is recorded as a Quaker, in the roll of Capt. Benjamin Palmer's company of the militia regiment of Pasquotank County, North Carolina, in 1755.

_N.C. State Records_, XXII. 350.]

I dont doubt but this Tragical Act Acted att St. Augustine has Reacht home before now. This Case may perhaps travell as farr. when they'l Remember the Sufferings of their Countrymen Under the Command of this Francisco whom we have Gott in possession with some of his Comp'y who were Concern'd with him and Under his Command in that inhuman fact they will agree no doubt, as I hope Your Honour will, that they must be Slaves and no others Concern'd in it, So hope that by the Contradictions which has been shewn in Court Concerning this Juan Baptista Domas, who affirms he never saw them till on board the privateer, and Francisco and Aug'ne both woud prove that they knew him some months before and Converst with him, is proof Enough they are Slaves and hope that by the old Law of Nations, where it Says that all prisoners of War, nay Even their posterity are Slaves, that by that Law Pedro Sancho and And'w Estavie will be decreed as Such for the Use of the Captures. So shall Rest it with your Hon'r.

Then the Judge Gave his Decree that the Sloop and Cargo shoud be sold att Vandue and the one half thereof shoud be p'd the Captures for Salvage, free from all Charges, that Juan Baptisto Domas, Pedro Sanche and And'w Estavie, According to the Laws of England shoud Remain as prisoners of War till Ransomed, And that Augustine and Francisco according to the Laws of the plantations shoud be Slaves and for the use of the Captures. So the Court broke up.

_Thursday 20th._ Opened a bb. of beef. This day the Vandue begun. Sold 46 bbs. of pork, 29 bb. of Beef and 110 bus. of Corn, then Adjourn'd it till the next day att 8 of the Clock.

_Friday 21._ This day made an End of Selling the Cargo of the prize.

Sold 55 bus. of corn, 41 bbs. of pork, 6 bb. of beef, 13 bbs. of Tarr, 11 bbs. of pitch, 4 bbs. of Oyle. then Sett up Seignior Capt.

Fransisco Under the Name of Don Bla.s.s who was Sold to Mr. Stone for 34 ps. 8. In the height of Our Sail some of the Soldiers Stole a bb. of pork but was found out before it was all Expended so that one half was Returned which makes the half bb. as per Acct. of Sales. Viz. Pork and beef very much d.a.m.nifyed.

_An Account of a prize taken by Capt. Benj. Norton in the Sloop Revenge and Sold att Publick Vandue att New Providence, the 20th and 21st day's of Aug'st 1741. P'r Wm. Moon, Vandue Master, Viz,_...[63]

Abstract of the Vandue. Viz.

1st day. Corn, 105 buss. Ps. 8/8 397:4 Ps. 8/8 R.

Beef, 29 bbs. 126: Pork, 46 bbs. 265:4 789:0 --------- 2d day. Corn, 55 buss. 43:5-1/2 Beef, 6 barrs. 23: Pork, 40-1/2 do. 250:2 Oyle, 4 bbs. 37:0-1/2 Tarr, 13 do. 23:5 Pitch, 16 do. 16: Staves, 1500 4:7 398:4 --------- 3d day. Sloop and Furniture[64] 325: Pitch, 9 bb. 14:3 339:3 --------- ------ Corn 160 buss., beef 35 bbs., pork 86-1/2 bs., Staves } 1500, tar 13, pitch 20 bbs., Oyle 4 bb., Sloop and } total 1526:7 furniture }

_Dr._ _William Moon Esqr. to the Owners of the Revenge_ _Cr._

To the one half of the prize Ps. 8/8 R.

bro't into providence and By Benja. Norton for 2 bbs.

condemned by a Court of of pork bo't att Vandue 12:4 Vice Admiralty Amount'g By Sundries bo't by Your in all to 1526 Ps. 8/8, people att ditto 14: 7 R., the one half for By Cash paid Att twice 100: Salvage is Ps. 8/8 763:3 By ditto another time 40:2 By An Order on Capt.

Frankland for 596:5 ----- ----- 1st prize. Ps. 8/8 763:3 Ps. 8/ 763:3 ----- -----

[Footnote 63: Here follows a long account, the monotonous details of which may properly be omitted. It records the sale, to nearly sixty different purchasers, of the goods indicated in the abstract which ensues. In this abstract, the amounts are given in pieces of eight and reals; these were at that time the currency of the Bahamas.]

[Footnote 64: Bought by Captain Frankland.]

_Sat.u.r.day 22d._ Nothing Remarkable these 24 hours. Capt. Barrett Saild in a Schooner for So. Carolina. wrote a Letter by him, Inclosd to Messrs. Steed, Evance and Comp'y, Under Cover to Mr. Henry Collins for Safety to Inform him of Our misfortune that happened by the thunder.

_Sunday 23d._ All peace and Quietness.

_Munday 24._ The Carpenters finisht the Mast. Gott it aboard and hove down one Side and paid it with tallow.

_Tuesday 25._ Hove down the other Side and paid her. Gott all Our ballast in and Some of the provisions, also all the Rigging Over head.

_Wednesday 26._ Still taking in Our provisions and Water and making Ready to Sail.

_Thursday 27._ Gott all Our Sails and powder from on Sh.o.a.r. took an Inventory of the prizes Rigging and furniture, she being to be sold on Sat.u.r.day next. Capt. Frankland Came on board to View her Intending I believe to buy her.

_Friday 28._ Nothing Remarkable these 24 hours. the Capt. discharged three of his hands for Reasons best known to himself, being Resolved that they shou'd not proceed the Voyage with, Viz. Webster and Gregory shipt att New York and Wright from Rhode Island. opened 2 bbs. of flowr.

_Sat.u.r.day 29._ This day the Sloop and furniture was Sold and bought by Capt. Frankland, also 9 bbs. of pitch that was left unsold as per Acct. of Sales. Opened a bb. of beef.

_Sunday 30th._ This morning waited on Mr. Moon the Vandue Master and Settled the Acct. which is Stated on the other Side.

_Munday 31st._ The Capt. Settled with Every Body Indending to Sail toMorrow. took bills of Exchg. of Capt. Frankland on his Brother Messrs. Frankland and Lightfoot,[65] Merch'ts in Boston and Endorsed by the Comp'y Qr. Mr. for 540 New England Currancy. the first bill he Sent to Capt. Freebody by Capt. Green bound to Boston in the prize with a Letter which is As follows: