[Footnote 9: L'Ile a Vache, a small island lying off the sh.o.r.e a few miles southwest of St. Louis.]

[Footnote 10: Les Cayes, perhaps better known as Aux Cayes, now a town of some importance on the south sh.o.r.e of Haiti, some ten miles west of St. Louis. Torbeck and Le Vieux Bourg, next mentioned, are near it.]

THE _PRINCESS OF ORANGE_.

_165. Record of Trial (Libel, Bill of Sale, Owner's Letter, Bills of Lading, Declaration, Affidavit, Portledge Bill, Depositions). June 11, 1741._[1]

[Footnote 1: This record, in which are embedded a variety of doc.u.ments characteristic of privateering procedure, is from pp. 163-183 of a volume of records of the vice-admiralty court held in Philadelphia, 1735-1746, now preserved in the office of the clerk of the U.S.

district court in that city. The only other records of that vice-admiralty court known to be still preserved are contained in a second volume comprising (a) records of that court, 1748-1757 (mostly 1748-1751), (b) records of the state court of admiralty, 1776, and (c) records of the U.S. district court, 1789-1795. The vice-admiralty court was apparently held in a room over the market-house at Third Street. David Paul Brown, _The Forum_, I. 264.

The story of the Spanish or Dutch snow _Princess of Orange_ may be further ill.u.s.trated from the pages of Franklin's paper, the _Pennsylvania Gazette_, of Thursday, Apr. 9, 1741. "Friday last arrived here a Spanish Snow laden with Wine, taken at Aruba, and sent in by the _George_, Capt. Drummond, of this Port. She came from Teneriffe, and had a Pa.s.s from the Dutch Consul, but no Dutchmen on board: On Account of this Pa.s.s, the Governor of Curasoa sent out a Vessel to demand the Prize of Capt. Drummond, but he refus'd to restore her, fir'd at the Dutchman and beat him off. Before the Taking of this Snow, Capt Drummond had taken two Sloops, one was sent into Jamaica and condemn'd there, the other being a good Sailer, he has fitted out for a Tender, with 30 Men, and Arms suitable, under the Command of Capt. Sibbald; she is call'd the _Victory_. On the 16th of February, the _George_, the _Victory_, and the Prize Snow, being in Company off Hispaniola, were chas'd by two Men of War, which they suppos'd to be Enemies; the _George_ and _Victory_ left the Prize, and she was taken; but the _Victory_ falling in with the Grand English Fleet two Days after, found they were English Men of War, who had taken the Prize, and she was restor'd to Capt. Sibbald, by Order from Admiral Vernon. The _Victory_ convoy'd her thro' the Windward Pa.s.sage, and return'd to look out for the _George_, from whom she Parted in the Chase."

The _Gazette_ of May 28 chronicles the arrival, May 24, of the sloop _Victory_, Sibbald, and gives an account of a glorious fight, May 15, in which Capt. Sibbald, attacked simultaneously by a Spanish ship and sloop, had beaten both off. His owners rewarded his valor with a present of a silver-hilted sword. The _Gazette_ of June 4 adds, "This day arrived the _George_ Privateer, belonging to this Place, from Jamaica. Capt. Drummond, who commanded her, died on the Pa.s.sage". See also _Memorial Hist. Phila._, I. 246, 247.]

At the Court of Vice Admiralty held at Philada. for the Province of Pensilvania the 11th day of June in the fifteenth year of the Reign of our Sovereign Lord King George the Second, Annoque Dom'i 1741.[2]

[Footnote 2: The reign of George II. began on June 11, 1727; accordingly June 11, 1741, was the first day of his fifteenth year.]

Before the Hon'ble Andrew Hamilton, Esqr., Judge of the said Court.

A Libel exhibited by John Sibbald[3] formerly Lieut. now Capt. of the Sloop of War named the _George_ was read in these words.

[Footnote 3: Later in the war Sibbald greatly distinguished himself in a privateering voyage in command of the _George_ (cruising in company with the _Joseph and Mary_, refitted prize, in 1742) and of the _Wilmington_. _Memorial Hist. Phila._, I. 247; _Pa. Mag. Hist._, I.

247, x.x.xII. 466. In the next war he was commander of the province's frigate _Pennsylvania_, from 1757 to 1759. _Pa. Archives_, III. 190, 658. The ships' register of the port of Philadelphia shows the sloop _George_, of 50 tons, John Sibbald owner, sailing out on this present voyage Nov. 12, 1740. _Pa. Mag. Hist._, XXIII. 513.]

Pensilvania, in the Court To the Hon'ble Andrew of Vice Adml'ty Hamilton, Esqr., Judge ss. of the Court of Vice Admiralty for the Province of Pensilvania.[4]

[Footnote 4: Andrew Hamilton the elder (1676-1741), the most famous lawyer of Pennsylvania, defender of John Peter Zenger, constructor of the State House (Independence Hall), speaker of the a.s.sembly 1729-1739, was admiralty judge from 1738 to 1741. He died a few weeks after this trial, Aug. 4, 1741. For a sketch of him, see _Historical Magazine_, XIV. 49-59.]

John Sibbald, now Captain and Commander of the Sloop of War named the _George_, of the Burthen of Fifty Tons, mounted with twenty-four guns and now riding at Anchor in the Port of Philadelphia, gives the Court here to understand and be informed, That the Sloop afd. was equipped, victualled, fitted out and armed at the proper Costs and Charges of himself and others, owners of the said Sloop, Inhabitants of this Province and Subjects of his present Majesty George the Second, King of Great Britain, France and Ireland, Defender of the Faith, etc. and that Seth Drummond, late of Philada., Mariner, deceased, then being Captain and Commander of the said Sloop, was on the eleventh day of Octr. one thousand seven hundred and forty duly authorized and commissioned with the same Sloop as a Vessell of War or Privateer to Take, Seize, make Prize of or destroy any of the Ships, Vessells, Goods or Effects of the King of Spain or belonging to any of his Va.s.sells or Subjects or others inhabiting within any of his Countrys, Territories or Dominions.[5] That He the sd. Seth Drummond, being so authorized and Commissioned with his Marriners, Sailors and Soldiers on board the said Sloop, afterward (that is to say) Between the first day of January in the year of our Lord one thousand Seven hundred and forty[6] and the first day of April one thousand Seven hundred and forty one, on the High Seas and within the Jurisdiction of this Court did discover, pursue, apprehend and as lawfull Prize did take from the Subjects of the said King of Spain and others inhabiting within his Countries, Territories and Dominions who then were and still are the open and declared Enemies of his said Majesty King George, One Vessell commonlly called a Snow of the Burthen of Eighty Tons or thereabout, and one Cannoe, with their Tackle, Furniture and apparel, together with the Ladings of the sd. Snow and Cannoe, consisting of One hundred and Seventeen Pipes, Ten Hogsheads and two Quarter Casks of Wine the growth and Product of the Island of Teneriffe, one of the Territories of the said King of Spain, fifty and Six marble Mortars and nine dropping Stones, and two Negro men, which Snow, Cannoe, Wine and Negro's, Mortars and Stones, at the times of their several Captions were belonging to and the Right and property of the Subjects of the said King of Spain and others inhabiting within his said Countries, Territories and Dominions, who were and are the open and declared Enemies of his said Majesty King George. Wherefore the sd. John Sibbald, for himself and the other Owners of the sd. Sloop, prays this hon'ble Court, the premises being proved, That the sd. Snow, Wine and Negroes may be adjudged and condemned for the Use of the Owners of the sd. Sloop and other the Captors aforesd. as lawfull Prizes and Purchase of War according to the Laws Marine, Laws of Nations and Customs of War.

JOHN SIBBALD.

[Footnote 5: The letter of marque, dated Oct. 11, 1740, is recorded in this same ma.n.u.script volume, p. 143. It names Seth Drummond captain, John Sibbald lieutenant, William Dowell (see under June 23, below) master.]

[Footnote 6: 1740 by old style, the new year beginning Mar. 25; by new style, 1741. The capture of the _Princess of Orange_ took place Feb.

24, 1741, N.S. (Feb. 13, O.S.), near Aruba.]

Whereupon Proclamation was made, If any one hath ought to say why the Snow, Wines, etc. in the sd. Libel ment'd ought not to be condemned as lawfull Prize, let them come forth and they shall be heard. And none appearing to do this, The Court adjourned till Sat.u.r.day the 13th inst.

at 10 o'clock.

_June 13th._ The Court met.

The Libel read and Proclamation made a second time and Juan Milidony, the late Master of the said Snow, being sent for comes into Court, and John Jordan and Patrick Orr, Persons well skilled in the Spanish Language, were sworn faithfully to interpret between the Court and the sd. Milidony as also faithfully and truly to translate all such Papers relating to the Capture and Prize aforesd. as shall by the direction of the Court be laid before them for that purpose, as well on the Part of the Captors as on the Part of the Claimers if any such shall appear.

The Judge then informed the said Milidony of the Mode of proceeding to be observed by the Court and ordered all the Papers taken in and with the said Snow to be produced. Which being done, notwithstanding the sd. Milidony did not offer or give the Security required of a Claimer by the Act of Parliament, The Judge permitted him to view and point out any Papers he pleased in order to satisfy the Court that it was no lawfull Prize; which he did without alledging or so much as insinuating the Loss or Embezilment of any Papers.

The Judge then directed that the Preparatory Examinations should be taken, and translations made of the material Papers in order for Tryal.

Accordingly _June 23d_, the Proofs being prepared,

The Court met

The Libel read and Proclamation made a third time. William Dowell,[7]

Sworn, says That upon the Death of Capt. Drummond he succeeded as next Officer in the Command of the _George_ and took possession of the Prizes Papers and that he hath exhibited the same all into Court without addition, subduction or Embezilment to his knowledge.

[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, x.x.xII. 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 t.i.tles thereunto, and all Laws and Customs that might give me any right or t.i.tle 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 const.i.tute 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_,