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C fa tl s fi s T s T V h d ei b ri rt rr This item is filmed at the reduction ratio checked below/ Ce document est film* au taux de rMuction indiqu* ci-dessous. 10X 14X 18X 22X 26X 30X J 12X 16X 20X 24X 28X 32X The copy filmed here has been reproduced thank* to the generosity of: National Library of Canada I'exemplaire film* fut reproduit grAce A la g. J. MUBBAT liAWaOH. 186269 INDEX ABBRDBENSHIBE, Soot. "" '''''' ScX?'"''!..^''''""'''^" BETWEEN MASSAOHUSETTS AND ' NOVA 8 20 20, 34. 61, 110, 114, 116, 120, 127, 128, 131, 132 26,28 ADAMS, Hon. John, ADAMS, Hon. Samuol, . . ADAMS, Thomas, "ALBANY," H.M.8, .. ALBANY, N.Y ALBBB, Iiieut. William, ALBIO, ALLAN, Ool. John, ...... ALLAN, William ALLEN, James, ALLEN, Jeremiah, ANDERSON, Capt. Charles, ANNAPOLIS, N S aRGYLE, N S., •• ABGYLE," Schr " ARGYLE," Ship " ARRINGTON, James, .! ASHTON, Capt. John, . . A8HTON, Samuel " ATALANTA," H M. 8. AT WOOD, Joseph AT WOOD, Joshua ATWOOD, Capt. Nathaniel, AUSTIN, Hon. BenJAinin, 42, 81 117 14 120 4, 14, 16, 67, 90 16 123 40 69,90 4, 8, 42. »3, 94 43,113 114 95 102. 126 63 109 126 11 11 66 ^^''S--~^'^;^K^x^ AVERY, Lieut. John, BABBIDGE, Capt. Christophe BABCOCK, Capt. Gteorge W., BA6LBY, Ool.. 28 120, 121, 122 126,129 66 PAQB BAHAMA ISLANDS, . . 6.107 BAIN, Alttxander 82,83.101,102.123 BAKER, John m BAKER, Jonathan 86,67 BAPSON, Oapt Samual. . . 89 BARBER. Nathaniel .106,129 BARKER, Oapt f)0 BARNARD, BuDJamln, . . 36,62,66,81,82.112,113.123 BARNARD, John 36.36.62 BARNES, Uapt. S««••• . 71 PA88AMAQU0DDY 57,93 PATCH, Capt. Nehemiah, 43,55,63,64,82,98 PAY80N, Jonathan, .... 13,14,36 PEARL, David, 83 f -.-,•, XII PAOK PEARL, Philip 83 PBARL, Timothy 83 " PEGGY," Schr. 78 PEMBERTON, Samuel 27,28 PENDLETON, SylvMter, 112 PENOBSCOT, 47 PERRY, John 123 FERRY, Mosea 123 PHILADELPHIA, Pa 16,92,96 PICKERING, Hon. John 53,54.72,74,82 PICKERING, Joseph 125 PICKETT, HoMH 28 PIKE, Nathaniel, 131 PISCATAQUA. See Portsmouth, N H. PITMAN, Gapt. Joseph 23,123 PITTS, Blizahetb (Bowdoln) 20 PITTS, Hon. Jamea, .... 20,31 PITTS, Hon. John 20, 21, 22, 28, 29, 31, 34, 36, 38, 62, 63, 75, 96, 132 PITTS, Lendall 20 PITTS, William 20,21,22,24,26,26,27,28,29.30,31,72 PLYMOUTH, 74 "POLLY,"Sohr 42,51,64 " POLLY," Sloop 41 POOLE, Samnel Sheldon, 71,111,123 PORTER, Bbenezer, 9,10,34,36,101,123 PORTER, Hazadlah 123 PORTER, Joslah, 12,85 PORTER, Joslah, Jr. , — 86 PORTER, Nehemiah 9,123 PORTERFIELD, William 47 PORTLAND, Me., (Falmouth ; Casco Bay), . 35, 36, 46, 76, 76, 77, 78, 79, 82, 89, 92 PORT ROSE WAY, N. S , (New Jerusalem), 39,49,50,104 PORTSMOUTH, N. H , (Plsoataqua), 41,50,71,81,88,90,100,104,108 POWELL, Hon. Jeremiah, 48,57,105,108,111,112,113 POWNALL, Gov. Thomas, 117,118 POWNALBOROUGH 14 PREBLE, Jededlah 77 PRESTON, Capt. William 26,26,28,72 PRINCE, Dr., 46 PRINCE, Jonathan, 96 •• PROVIDENCE," Sloop o( War, 60 PROVIDENCE, R. I 89,% PUTNAM, Dr. Archelaus, 127 QUEBEC, 9,117 RAGGED ISLANDS "RANGER," Schr, . See Lockeport, N. S. 43 xm. FAOB BATHBURK, Oapt 80 BAVAL, Capt. John, .... 107 RAYMOND, Dan'el 123 " BBA80NABLB," H. M. S., 90 EBDDING, John 25 BBBD, James, 76,77 BBSflNGTON, James 103 " BB80LUTI0N," Privateer Schr 42 BBYNOLDS, John n RIGB, Dr. Jesse 112 EIOHARDSON, Andrew 104 RI0HARD80N, James 125 RICHMOND, Dr Benjamin 47 RIDBR, Solomon, 35,68,88,89,90,91,92,108 " RISING SUN," Bilgi., 31 ROBBINS, James 123 ROBBRTS, Josiah, 88 ROBIOHAUX, Otho 89,40 ROGBB8, 94 ROGBR8, Capt. Samael, 42 "ROSANNA,"Schr 63,64,68 ROSB, Richard 123 ROSS, Capt. James 36,89 ROTGH, Capt. Moses 99 ROWB.ZebnIon 130,131 RUGGLBS, Samuel 73 RUSSBLL, Thcma 126 RUSSELL.W., 71 RTDBR. See Rider. SALBM, Mass., 6, 9, 13, 16, IH, 23, 31, 33, 36, 39, 40, 41, 42, 43, 46, 61, 62, 63, 64, 66, 67, 62, 66, 73 77, 81, 82, 83, 84, 86, 99, 101, 102, 103, 104, 107, 108, 113, 114, 115, 116, 119, 120 121, 122, 123, 126, 126, 127, 128, 129 " SALLY," Schr , SALTBR, Capt. , SALTER, Capt. Joseph, . . SALTBR, Capt. Malaoby, SAMPSON, Capt , .. SANBORN, SANDERS, Capt. , . . SANDERS, John SANDERS, Joseph Hill, SANFORD, SANDS, John " SCARBOROUGH," H. M. 8., SCBALB, Thomas M., . . . . SCHENECTADY, N. Y., "8BAFL0WBH," . 39, 61, 82, 120, 121 36 58, 84 31,32 94 95 84, 85 123 IZi 106 41 84,92 113, 114 117 36, 88, 89, 91, 92, 106 xrv. FAOa SEAL ISLANDa. N. 8„ 124,126 SEEKONK RIVER, Mass., 47 SHATTUOK. B2 8ILLSBBE. Nathaniel, 120 SIMONS.Aaron 102 SIMPSON, Hon. JoBfaph, 66 8INN0TT,John 71 8ISSAB00 See Weymouth, N. 8. 8HAO HARBOR, N. 8,. 26 8HEY, William, 92 SKINNER, Richard 84 " SLOPE," Schr 12 SMITH, Oapt. David, 99 SMITH, Elkanah 11 SMITH, Elisba 11 8MITH,l8aao 24 SMITH, James 70 SMITH, Jonathan, 11 SMITH, Jonathan, Jr., .. 11 SMITH, Joseph, 11 SMITH, Richard 44 SMITH, Capt. Silas 127 SMITH, Solomon 11 SMITH, Solomon, Jr 11 SMITH, Stephen 99 SMITH, Capt. Stephen 14,16,16 SMITH, Theodore, 11 SMITH, William, 96 SMOTHERS, Lieut. 127 80LLOW8, John, 123 80WARD,Wm , ... 36,89 SPARKS.Jared 3 SPOONER, Hon. Walter, 17,62,63 STACEY.John, 68 STAGEY, Stephen 104 STANDLEY, Sans. 8,39 STANDLEY, Thomas 64 STANTON, William 76,77 STEVENS, Benjamin, ... . 68 STEVENS, Hon. Josiah, 61 STEVENS, Peter 126 STEVENS, Capt. Thomas 88,84 STEVENSON, J. R 104 STEWART, Joseph 84 ST. JOHN, N. B., 13, 14, 16, 16, 36, 57, 84, 95 ST. LAWRENCE RIVER, 36 ST. MARY'S BAY, N. 8 92,93 XV. FAOa . . 1», 126 47 62 120 102 66 71 25 92 64 12 99 11 11 24 70 11 11 11 44 127 11 11 99 14, 16, 16 11 96 127 123 .. 36.89 3 17, 62, 63 68 104 ■ 8,39 64 • 76,77 68 61 126 . 63,84 104 64 67, 84, 95 36 . 92,93 8T0NB, Samuel STONEF POINT STRICKLAND, ChrlBtopher, .... "STURDY BEGGAR," Privateer. " SUSANNAH," Sohr., .. SWAIN, John, "SWALLOW," SW AR08, Preolove . . . ' "TARTAR."H. M. S., .. " TARTAR," Privateer, . . " TERRIBLE," Privateer Schr., . . ." ' THOMPSON, Col THOMPSON. Capt. Oorneliua, .' .' .' THOMPSON, George THURSTON, John, TILLEY, John TINKHAM, Edward TITCOMB. Jonathan TIZBNTON. Parker " " ' TOPHAM, Col. John TOPHAN,J TRA8K, John \[\[ TRA8K. Thomas TREPERIN, Capt., '.'.',,',', TREPRY, John, " " TBBPRY, Joshua TUCK, Sewall .]*'.'. TUCK, William ".'.".'.' TUCKER, George TUCKER. John, TUDOR, , TUKE8 BURY, Capt. Jona. TURNER, Anthony TURNER, Capt. Caleb, .. TURNER,E11, ' " TU8KET ISLANDS, N. S,, .. "' TUTT, Capt. Richard " TYRANNICIDE." State Armed Brig, UTLEY, Nathan, VALPEY, Richard VALPEY, Richard, Jr , . . VARY, Benjamin " VENUS," Privateer Schr., "VIPBR,"H. M. 8 " VULTURE," H. M. 8.. PAOR 125 I • 12.T 00. 70 25.27 44 28, 2!) 70 .T -M .T.,37 2 . 84, 85, 102 81 41 105, 106 ;t8. 3n 53 36 47 68 96, 97 123 50 8 103. 104, 123 126 123, 124 51 104 61 43 84 25 100 25 22 .. 17,18,20 9, 101, 112, 123 9, 10, 13, 14, 16, 16, 19 66 54 125 93, 95 92 XVI. WAIT. John, WALKER, John, WALTERS, John WALTERS, Joslah.Jr WARD, Joseph, WARD, JoRhna WARDELL, John WARNER, Capt WARREN, Gen, WARREN, Ron. JameB, WARREN, Gen. Joseph, WASHBURN. Major WASHINGTON, Gen. George, " WASHINGTON," Privateer Sohr., WEBB, Nathaniel Colt WELCH, James, WELCH, Nathaniel E., .. WENDELL, Hon. Oliver, WEST.Capt., WEST, George, Jr., WESTERLY, R. I., WESTON, Capt., WEYMOUTH, (Sissaboo) N. 8 , . . . ■ WHEELWRIGHT, George WHITE, Hon. Mr. WHITEHALL, WHITING, Hon. William, WILKINSON, Joseph WILLARD, Aaron WILLIAMS, Hon. George, WILLIAMS, Richard WILLIAMS, Capt., WILSON, Obeditth, WINDHAM, Conn WIND80R,NS, WINTER HARBOR WHITMARSH, William, WOBURN, Mass WOLFE, Lord James W0LL48, (Wallace ?) Andrew, . . . WOOD, , WOOD, David, WYER, Daniel, WYMAN, Bphralm, YARMOUTH, North, Maine, YORK, Maine, PAai 6 12 ae,^ 10 3 II 81,10 9 7 8, 11, 12, 21, 3 2 73,11 . . 2, 3, 4, S, 1 25, 26, 28, 7 .... 17,18,4 6 12 1 .... 14,16,1 10 C9, 7 8 42, 8 10 63, 6 .... 90, 91, S 1? 3, 61, 119, 127, 12 12 « IC « 26,5 K 11 c r * i 78,'! 1! 76,1 PAOB 69 123 26,27 101 39 18 81,100 90 75 8, 11, 12, 21, 32 20 73,119 . . 2, 3, 4, S, 16 25, 26, 28, 72 .... 17,18,42 60 123 14 .... 14,16,16 104 09, 70 84 42, 93 104 63, 63 2 .... 90,91,93 1?% 3,4 61, 119, 127, 128 123 84 104 83 2 26,27 lOi 9 117 93 26 88 78,79 123 76, 78 47 ERUATA. Page 69, 2d line from bottom, for " Freemaaon " read " Freeman. Page 90, 20th line from top, for " Greenwood " read " Rider." Page 94, 18th line from bottom, for " came " read " Bd.me." y^m i: A search thron Nova Scotia fails t In Yarmouth durin Jecture as to the fa Colonies and the C setts, a volaminou! a large part of then court records, &c. early settlers of Ya Seotia, in which th No student of t examine the record of the whole ProT quite as much by c inhabitants were gi les, whence a great In order that tl which are to compc contemporaneous y other parts of the P ANNALS OP IN THE REVOLUTIONARY WAR. INTRODUCTION. A search through the various histories of the County of Yarmouth and the Province of Nova Scotia falls to reveal anything of a conclusive nature relative to the condition of affairs in Yarmouth during the period of the Revolutionary War, and discovers nothing but con- Jecture as to the feelings and sympathies of the inhabitants there in the contest between the Colonies and the Crown. The writer has recently discovered, in the Archives of Massachu- setts, a voluminous mass of manuscripts relating to the subject, and he proposes to reproduce a large parti of them in these columns. They chiefly consist of letters, petitions, depositions, court records, &c., and in many instances are in the original handwriting of several of the early settlers of Yarmouth, Barrington, and other settlemniits on the southern shore of Nova Seotia, in which their sentiments and affairs are quite explicitly described. No student of the history of Nova Scotia at this time can carefully and without prHu.li<-e examine the records relating to the subject and fail to arrive at the conclusion that the fate of the whole Province hung upon a very slender thread, and that its future was decided quite as much by chance as by anything else. It is very evident that a large portion of the inhabitants were greatly disaffected, and were In strong sympathy with the revolted Colon- ies, whence a greater part of them had but a few years previously removed. Inorderthat the reader may more intelligently understand the historical documents which are to compose this series, it may not be out of place to insert here a few extracts from contemporaneous writings indicative of the state of affairs and sentiments then ezistins in other parts of the Province. iffl In a letter written by an American officer, dated " In the Camp at Cambridge, May 18, 1775," is the following :- " We hear from Halifax that the people have a, last shewn they have spirit It seems that agents for procuring forage for the «>xpocted i-diment of Dragoons had taken, without the consent of the owner, and were shipping for Boston, a great quantity of hay, on which the people »(it fire to and wholly demroyed it. And when that work was finished they attempted the like by the King's Magazines, which they several timns fired, but they were extinguished by the ships-of'War lying there, who made a brisk fire on the people, and prevented them from affecting their design."— 6'ce American Archives, ith Series, ii ,p, 639. C01.I THOUPBON'S FBOFOSAI. fob OBSTBOTINQ nova SCOTIA. "For the expedition purposed: One thousand men, includiug officers; four armed Vessels and eight Transports ; thix. If possible destroy the King's Dock-yard and Town, if thouglit proper. " It may be undertaken for five thousand Pounds, lawful money, and all that cau be procured from the Tories, or ten thousand, and the one-half of what is taken from them At Windsor, we understand, there is abundance of goods, which is the next capital town to Halifax. We are lately informed there is not to exceed two hundred British troops in Hali- *:•'."— Amer, Archives, ith Series, iii.,p, 90. QKN. WASHINQTON'S OPINION ON THE FBOPOSBD INVASION OF NOVA BCOTIA. Camp at Cahbbioqe, Aug. 11, 1776. Gentlemen: I have considered tlie papers you left with me yesterday. As to the expedi- tion proposed against Nova Scotia by the inhabitants of Machias, I cannot but applaud their spirit ami zeal, but after considering the reasons offered fur it, several objections occur which seem to me unanswerable. I apprehend such an enterprise to be inconsistent with the general principle upon which the Colonies have proceeded. That Province has not acceded, it is true, to the measures of Congress, but it has not commenced hostilities against tliem, nor are any to be apprehended. To attack it, therefore, is a measure of conquest rather than defence, and may be apprehended with very dangerous consequences. It might perhaps be easy, with the force proposed, to make an incursion into the Province, and over- awe those of the inhabitants who are inimical to our cause, and for a abort time prevent them from supplying the enemy with provisions; but to produce any lasting effects the same force must continue. As to the furnishing vessels of force, you, gentlemen, will anticipate me in pointing out our weakness and the enemy's strength at sea. There would be great danger that, with the best preparations we could make, they would fall an easy prey, either to the men-of-war on that station, or to some which would be detached x'rom Boston. I have been thus puticular, to satisfy any gentleman of the Court who should incline to adopt the measure. I could offer many other suggestions against it, some of which, I doubt not, will suggest themselves to the honorable Board. But it is unnecessary to enumerate them, when our situation, as to ammunition, absolutely forbids our sending a single ounce of it out of the camp at present. I am. Gentlemen, &c.. Go. Washinqton. Amer. Archives, ith Series, Vol, iv,,p. 90. petition of the inhabitants of nova SCOTIA TO THE KINQ. Whitehall, September 1, 1776. " The H'^use of Representatives of the Province of Nova Scotia, in North America, hav- ing unanimously agreed to a loyal and dutiful address, petition and memorial to the King's most excellent Majesty, the Lords spiritual and temporal, and the Commons of Great Britain, in Parliament assembled, containing declarations of their obedience and submission to the Hi' 8 authority of the Parliament of Oreat Britain, an thti supreme legislature of that Province, ami all the British Dominions, and of tht^ir rpadim'sn, atan indispensahle duty.to snhmit to the payment of such taxt-s, to he rulsed upon a permanent plan, and at the dUpoaal of Parliament as shall he their due proportion of the expennes of the Empirti; aud William Nesbitt, E.tq , Speaker of the said Honse of Reprenentatlves, having transmitted a transcript of the said loyal and dutiful addresi*, petition and memorial, to the Earl of Ditrtmoiitn, one of His Majesty's principal Secretaries of State, it was tliin day presented to His Majesty, and most graciously received."— ^mer. Archives, ith Series Hi., p. 691. KXTBACT8 FBOH AN INTBRCRFTBD LBTTBB, DATED AT HALIFAX, 8BFT. 23, 177S. " The address which was some time past sent from this place, and presented to His Majesty, has given rise to all the disturbance in this Province. It was declared to be an address from the inhabitants of the Province of Halifax in Nova Scotia, when, indeed, it was only managed by about one thousandth part of tbem, when most of the membttrs of the House of Representatives were up in the country superintending their estates ; and when they came to town and found in what manner the liberties of the House of Representatives bad been invaded in their absence, they, together with almost all the inhabitants, declared themselves friends to the cause in which tbe whole Continent of America are engaged, and refused being any longer subservient to the mandates of government ; therefore no duties have been paid here since the latter end of August last, of which the Oomptroller of the Cus- toms is gone home to give an account. Yesterday a schooner arrived with two tons of tea, from Bristol ; the libertv boys immediately committed it to the sea. They have strong assurances of assistance from the Provincial Army, therefore it is to be feared that His Majesty's yard, stores and ammnnitiou in this Province will be destroyed. The Tartar Frigate is here to protect them ; and the master shipwrights, caulkers, joiners, house^arpen* ters, smiths, bricklayers and labourers, form a malitia, and mount guard every night, for the protection of the yard, &o. The inhabitants begin to grow very warm, therefore suppose it will not be very long before they find the malitia sume military employment. Our Gover- nor has wrote to Boston for assistance, but baa received for answer, that they have more work cut out there than they have hands tu complete, thHrefore no help can be expected from thence. We have been continually supplying the Army at Boston with fresh provi- sions, hay, corn, &c. ; but the case is so much altered that nothing is suffered to be sent them from hence."— .imei*. Archives, ith Series, Hi., p. 780. AMBBICUr SPIB8 8BMT INTO NOVA SCOTIA. " By His Excellency George Washington, Esquire, Commander-in-Chief of the Army of the United States, " To Aaron Willard, Esq. ; " The honourable Continental Congress having lately passed a resolve containing the following words, viz. : ' That two persons be sent, at the expense of these (Colonies, to Nova Scotia, to Inquire into the state r>i' that Colony, the disposition of the iohabitauts towards the American Cause, and the condition of the Fortifications, Dockyards, tlie quantity of Artil- lery and Warlike Stores, and the number of Soldiers, Sailors, and Ships-of-War there, and transmit the earliest intelligence to General Washington,' I do hereby constitute and appoint you, the said Aaron Willard, Esq., to be one of the persons to undertake this business ; and as the season is late, and this work of great importance, I entreat and request that you will use the utmost dispatch, attention, and fidelity in tbe execution of it. The necessity of acting with a proper degree of caution and secrecy is too apparent to need recommendation. You will keep an account of your expenses, and, upon your return, will be rewarded in a suitable manner for the fatigue of your journey and the services vou render your Country by conducting and discharging this business with expedition and fidelity. " Given under my hand, this twenty-fourth day of November, 1776. "Gbobob Washinqton." [The same to Moses Child, Esq.] American Archives, 4kthser., Hi., p. 1666 j also" Writings of Washington," by Jared Sparks, Vol. Hi., p. 169-70; also same, by Worthington Chauncy Ford, Vol. Hi., p. 233. ^^mmmmimm .|i^ REPORT OF AARON WILULRD AND UOSES CHILD. " We the subBcrlbera, being appointed by bia Excellency, General Washington, agreeable to an order of the Coutinental Congresa, to repair to the Province of Nova Scotia, " * • * • "beg leave to report as follows, that agreeable to the above order we did repair to a place called Oatnpo-Bello, about twenty or thirty miles into the Province aforesaid, but could not cross the Bay of Fundy, for no vessel could be birnd or procured, except we purchased one, as every vessel, even to a boat, that crossed thu Bay, was seized as soon as they came Into port, except cleared from Halifax; and we could not travel any further into the Country, by reason of Ouvernor Legg's establishing martial law in said Province, and issuing several Proclamations, one bearing date July 5, 1776, which is as follows: ' I do therefore, with the advice and consent of His Majesty's Council, publish this Proclamation, hereby notifying and warning all persons that they do not, in any manner, directly or indirectly, aid or assist, with any supplies whatever, any Rebel or Rebels, nor bold intelligence or correspondence with them, nor conceal, harbour or protect any such offenders, as they would avoid being deemed Rebels or Traitors, and be proceeded agaiuHt accordingly ;' also a Proclamation, dated Dec 8, 1776, forbidding any straugur to be in Halifax more than two hours, without making his business known to a Justice of the Pt-ace, upou the pniu and peril of being treated as a Spy ; also, forbiading any person entertaining any such stranger for more than two hours, without giving information, ou the penalty aforesaid. From our own knowledge, and the best information of others, about night parts out of ten of the inhabitants of Nova Scotia would engage in the common cause of America, could they be protected. There are no fortifications in the Province, only at Halifax, and those much out of repair; but they are at work on them. They have picketed the town in, and have about one hundred and fifty pieces of cannon, not mounted, and about twenty or thirty pieces mounted in the town. There were at Halifax about two hundred soldiers, the beginning of January, 1776, which were all that were in the Province at that time; but we are credibly informed that there are two regiments ai: . ed there since that time. There was only one ship-of-war, of sixty guns, at Halii'ax, and one of fourteen at Annapolis, at the time aforesaid. " Aaron Willarb, Moses Child." Am&r. Archives, ith ser,, iv., p. 1149. EXTRACT FROM THE SECRET JOURNAL OF CONGRESS. " Apr. 25, 1777. A petition of Robert Foster, of the County of Cumberland, in Nova Scotia, with Sundry papers enclosed was read. Ordered, that the same be referred to the Board of War. " May 13, 1777. The Board of War, to whom their report on the petition of some of the inhabitants of Nova Scotia »irit:) of tha Bermudas, Bahamas and New Providence, although subject to Great Britain). The refusal of the Governor and Council to entertain either proposition must have caused great disap- pointment. But matters of sentiment soon became subservient to great and pressing need. The advent of hostilities put an end to the trade relations existing between Nova Scotia and New England, and closed to them the market in which our people had been used to exchange their fish, oil, salt, furs and feathers for provisions and supplies. It was next to impossible to procure any necessaries at Halifax, because of their scarcity there, and even if they had been obtainable their transportation to Barrington or Yarmouth was attended with so much risk, because of the American privateers infesting the coast that few essayed to try it. Hence it was but natural, when extreme want became unendurable In the young settlements, M was the case nearly every winter daring the War, for the people to turn to their relatives 6 and friends in New England for the relief and ttssistance ttaey were unable to find elsewhere. Throughout the wbole period of th» War the Massacbuaetts General Court was in almost coDstant receipt of petitions froui individual inhabitants of Yarmouth, Barrington, and uthttr places in the Province, prayiug leave to return with their families and effects. These petitious were UHually granted, and a pass whs issued to each applicant, directing the conwiianders of all ahips-of^war and privateers belongiug to the State not to interfere with or mule8t the holder on his passage between Nova Scotia and Massachusetts. But comparative- ly few availed themaelves of the privilege after having obtained the desired permission to return. It is very evident that the written passports were themselves the daiideratum, and were used as a means of protection against the reprisals uf American privateers while engag- ed in fishing or coasting in their small shallops or schooners. In a great many instances our fishermen were able to save their vessels from capture and confiscation by this shrewd Yankee trick, although it did not always succeed ConKiiierahle epace might be devoted to the American prisoners-of-war brought into Tlalifax by British cruisers. The prison ships and giol were utterly inadequate for their confinement, and the restraints laid upon them were extremely lax. A few were allowed to give their paroles and then get to their homes the best way they could ; but large nnmbeia of them were constantly escaping, and the Government does not appear to have made much effort to recapture them. A great many of these paroled and escaped prisoners made their way, sometimes through tho woods, and sometimes along the coast, to Barrington or Yarmouth, where they frequently found themselves among former neighbors, and sometimes relatives. Their further progress being impossible without assistance, it became necessary for our people either to burden themselves with their support, or to " ship them over the Bay." Our people were already in a distressed condition, and these additional mouths to be filled made serious Inroads upon their scanty stores of provisions, although the same spirit of hospitality, for which the sister towns are noted, impelled them to share what little they had with their needy guests. But Yankee wits were not slow In devising means for overcoming the diffionlties of the situation. The ex-prisoners were anxious to get home ; their hosts were happy to " speed the parting guests" ; the merchants of Boston and Salem were in want of dry fish, which their own fishermen were unable to furnish ; while our people were well supplied with fish but were In urgent need of proTlslons and supplies. Although all manner of Intercourse between the Colony and the Province was forbidden by both Governments, there was but one way by which these conditions could equalize themselves, and the authorities necessarily shut their eyes to a great deal. From time to time, as provisions grew scarce, It became bustomary for one or more of our fishermen to load his shallop with fish or salt, (another article In groat demand In the Colonies, and with which our people were well supplied, by reason of their trade with t*^ . West Indies, then in its Infancy), and to put on board as many of the ex-prlsoners as were at hand or oould be accommodated, and boldly set sail for some Massachusetts port. Often they were " held up" by American privateers, while on their way, but usually the presence of the Americans on board, together with the permits described above, served as a means of protection, and they were allowed to proceed. Upon their arrival their vessels were sometimes seized as the property of subjects of the King of Great Britain ; and In all cases, before any disposition oould be made of the cargo, a petition to the general Court, praying for liberty to sell the fish or salt, to purchase provisions with the proceeds, and to depart with the same in their ves- sels, would be next In order. These petitions were almost invariably granted. They were often written by clerks, engaged for the purpose, and In their zeal to serve their employers, and tMilitate the action of the Court, they sometime8 inadH uae of language considerably stronger than the real sentiments of their employ«r» would perhaps warrant. Ic would be well for the reader in pernsing these documents to bear thisi fact in mind Some of the American priHon..r8 dM8crib.^d above were captured in privateers, and had t-en previously engaged in harassing the coast, and making lif« a burden to our people • yet no distinction was made in their treatment, and all were alike the recipients of the favor and bounty of our people. To their everlasting shame, a f^w of them, who owed their safe return home to the kindness of our people, no sooner arrived in Massachusetts than they re-8hl|.„ed on other privateers engaged in the same nefarious business, and repaid their b«nefactors with insult and abuse. The laws of Congress, under which these private armed vessels were commissioned, and indeed, the commissions themselves, distinctly forbade their depredations in the enemy's country above high^ater-mark. The Massachusetts Government repeatedly took occasion to reprimand the owners and officers of privateers who were continually violating the rules of international law and the usages of civilized nations at war with e.ich other, and finally passed a resolve requiring privateer owners to give bonds, in order to prevent their shar eful treatment of our people. There were a great many privateers in the employ of the Colonies, whose owners and ofDcers were gentlemen, and brought credit to their service. They never stooped to wage a war of rapine and plunder upon an unoffending, defencdess people, especially a people of their own kith and kin ; on the other hand, numerous instances of their chivalrous kindness to our people attest their high-minde.l qualities, notably when the officers and crew of H M S. •' Blonde " were saved by two of them. But some of the small schooners fitted out and commissioned in Rhode Island and Massachusetts were manned by crews too cowardly to attack where they expected to find any resistance, and whose actions smacked of piracy more than of legitimate warfare. The Governments under which they were commissioned cannot be blamed for their deeds, as very few accounts of their performances reached the authorities until it was too late to take any action. \\w CHAPTER I. The earlieat mention made of Yarmouth in the MaBsachuaetts Archives is a letter addressed to no less a peraonaKe than General Washington, dated at " Tarmonth, Nova Scotia, 16th of January, 1776," and written by one Stephen Parker, an inhabitant of Machias, who was then at Yarmouth for the purpose of buying hay. In his letter he says " that at Annapolis, in this Oovernment, a schooner with hands impressed which had two Cask of Powder and an equivalent in ball, shipp'd by some olBcers In the Government's service, was sent to St. John's river with orders to put the powder, Ball, &c., into the hands of the savagfS there, and to stir them up to cut off the inhabitants of Machias, having an officer on board to whose care the matter was committed. Thrice they put out of the Harbour, and by violent winds were drove back, the last time the vessel narrowly escaped being lost, which adverse provideuce has indun'd them to lay by their design at present. At the same place a shif) of six hundred tons, collecting stores for Boston whs lately cast away with entire loss of Vessel & Cargo. This intelligence may be relied on," etc. On the hack of the letter is written : " This letter was wrote with a view of embracing the first opportunity to send It to the General. John Trevoy of Yarmouth in Mr. Stanley's Schooner promised to call at my lodgings, before he sailed for Marblehead last winter, but failing of calling I had not opportunity to send it, fearing to give it him long before he sailed lest it might he known in Nova Scotia." ( Statb of MASSACHUSBTrs Bat. j In Council Apr. 9, 1776. Whereas It is apprehended that some of the Inhabitants of this Colony may be induc'd from a regard to their own interest to employ their Vessels the coming season in the business of Fishing, and in order to avoid the Inconveniences they may be expos'd to by an Act of Parliament (A) designed to restrain the fishery of the Colonies, may make over the Property of tbt^ir Vessels to some inhabitants of Nova Scotia— Tu the Intent therefore that no Inhabitant of this Colony may unwarily go into such a method of Conduct, It is Resolved that if any Inhabitant of this Colony shall upon an; pretence whatever transfer his property in any Vessel to an Inhabitant of the Province of Nova Scotia he will thereby violate a Resolve of the Congress prohibiting all Intercourse, with the luhithitants of that Province, and of c( writH ?n tli« (Vitiiinlttfo to Hupport hU family whtlfl hn la tn tb^ Rervlce, but itald nothing concerning the dispuHal of the prize. By inquiry we underxtand her cargo !•— 2 Hb W. India Rum, 2 Hh. Molamea, 5 Tierces Rice, 2 Barrels Pnric, some 1 Barrel Tobacco, Bngllsh about 300 wt Cottons, goods. 20 thousand nails, A good Schooner, about fifty tons. She appears by the papers to be from Halifax about fifteen days ago, but hringn no material advices. The late Captain seems to have great pretentions to liberty and has a permit from the Honourable Council dated last October to remove his faniily and eiTHcts from Yarmouth, in Nova Scotia, Into this State, but it seems was on a very different buaionttiat we wure to attack ye Frigate. The Massachusetts & Tyrannicide about one o'OIock took in thnir top Gnlliint sails to keep company with the Cabot wo did not sail so f ist.— She carried all her sails.— at Daylight the Cabot was to the windward of us upon our Weather Quarter about half » - /'.'^ distant; the Massachusetts astern of us about halt a mile, and the frigate about 3 ^ " .^ the leeward of us, under our lee quarter, all standing to the eastward. About sunrise, Capt. t iske Spoke with us and asked Capt. Harriden if he was ready to bear down & " take nis breakfast," meaning to engage the frigate; Capt. Harriden answered with all his heart. Capt. Fiske then sprung his luff to speak as we apprehended with the Cabot— we on board the Tyrannicide expected (all the morning) that the Cabot would hear down and speak with us about the attack, but she kept h^r wind and it was not possible in our opinion for us or the Massachusetts, to come up with and speak to her. About eight o'lJlock the wind began to blow fresh; we shortened sail, the Massachusetts did the same; while the Cabut carried all her sails; at ten o'Clock we backed our main-top-sail & the Massachusetts bore down and spoke wich us. the Cabot still kept her wind, and being about a mile and an half to the Windward of us ; on our weather quarter, the frigate, Massachusetts and Tyrannicide \ 18 tbentackAd and stood S. W., the Cabot still standing to tbe Eastward. About eleven or twelve o'clock it came on to be rainy & thick weather, and we lost sight of the Cabot. She then bore about E. S. E from us about 6 or 7 miles distant ; the frlxate bore about N X. W. about 4 miles distant, the Massachusetts being within hale of us. We saw nothing more of the Cabot or thn frinate 'till about one o'Clock the 25th P. M. ; then the frigate bore about N. E. the Cabot bore about E N E., bMing a hard gale, squally & a high sea running, the Cabot and tbe frigate standing to the Eastward, the frigate about 4 miles distant & the Cabot about 7 miles and ahead of the frigate about 4 miles; the frigate being in her wake. We then judgml that if tbe Cabot bad tacked, she would have fetched more than Gun shot to the windward of the frigate and have joined us, but she set all her sails and bore away before the wind. The frigate then bore away after her; and at 4 or 5 o'Clock we lost sight of her; ye frigate being in chase. The weather at this time was so rough and so high a sea going, that in our opinion we could not have come up with the frigate if we had bore away and attempted it— nor if we had come up with her could we have fought our guns and must have been taken. Nath. Webb. I, Littlefleld Libhy, a prize master on board the Brigantine Tyrannicide, commanded by Capt. Flarriden ;— being on board tbe sd brigantine at the time within mentioned and being knowing to the foregoing facts deposed to by Nathaniel Webb, do testify and confirm the same in all respects. LlTTLKFIBLD LiBBY. Salem, August 4, 1777. Sworn to before Joshua Ward, J. P. Mass Archives, Vol. 167, p. 129. John Lambert, first Lieutenant and Mark Clark Second Lieut, of the Brigantine Massa- chusetts, a Vessel of War belonging to the State of Massachusetts Bay whereof Capt. John Fisk was Commander : Testify and Say that on Sunday the first day of March last, they Sailed in said Brig from Salem on a Cruise, and were joined off Cape Ann Harbour by the Brigantine Tyrannicide : Jonathan Harriden Commander, and the Briga Cabot, Capt. Olney, Commander.— That about Eleven o'Clock at night of the same day they saw a Sail to Leward which they judged to be the Millford Man of War- after discovering said Sail they waited fur the other two brigs to come up with them, which they soon did and Spok^e with each other.— That Capt. Olney and Capt. Harriden asked Capt. Fisk what he thought of the Ship. Capt. Fisk answered that he took her to he the Millford. Capt. Fisk then asked Capt. Olney what he thought of her, he said he was of the same opinion, meaning that he took her to be tbe Millford, then Capt Fisk asked Capt. Olney what he thought of Engaging her, he said with all his heart; and they then Cleared Ship and had all hands to Quarters ready for Engaging, tbe Ship appearing to do the same, making frilae fires and lights fore ( «d aft, it being then about twelve o'Clock at night: That betwixt twelve and one o'Clock of the same night Capt Olney spoke with them again, and asked (Japt. Fisk what he thought of her. Capt. Fisk answered that he thought it prudent to keep to Windward 'till Morning, and then Consult what was best to be done, upon which Capt. Olney said he liked it well and at the same time beg[g]ed Capt Fisk not to leave him. Capt. Fisk replied he'd be D d if he would. That at daylight the next morning they discovered Capt. Olney about a Mile and a halt npon their weather quarter, the wind then about South East. Capt. Harriden was then about as far to Leward, and the Man of War to Leward of Capt. Harriden. That about Niue or ten o'clock in the morning Capt Harriden seeing both his Consorts to Windward hove his Main Top Sail aback, upon which Capt Fisk bore away and Spoke with him (thr Cabot still keeping her Wind ) Capt Fisk asked Capt. Harriden if he was ready to so down and take bis breakfast, meaning if he was ready to go on board the Frigate. Capt Harriden answered with all his heart. As the Cabot still kept to Windward and the Wind heading of them, they thought it best to Tack to the Southward, and Westward, likewise the Tyranni- cide and Cabot Tacked, the Cabot still to Windward ; the Frigate also tacked at the same Time. In the afternoon of the same day it came on Thick and Rainy, when they lost sight of the Cabot and Frigate for some time. That about five O'Clock tbe Weather remaining Thick Capt. Fisk and Capt. Harriden Tacked and stood to the Northward and Eastward^ they could not then discover either the Cabot or Frigate, but supposed the Cabot was to Windward— That about Six o'Clock it Cleared off, when they saw the Ship to Leward, soon 19 after that saw the Cabot nine miles to Leward soina larire and i>nnnn.°«^« »^« vigilance of the Kings officers. Realizing that escape was impossible, and not relishing the idea of being taken, Capt. Olney boldly stood in for the Nova Scotia shore, and beached hUvesse "horl Cr n ?' ?'^r '*""• ^•'^ •'"'^' '^'""''•''»''« l^'^ffl^*" •»"•» men, got Zly CheWnlTh , ?^' *°°'' *° **** '""''*'••" ^P"" *''«*' °«'"1°« '•>»« the set lement at V-Wh!: !. .T.7"'°PP"*'^^y°" P«°P'«' a""*- «« "'"""ly «hown, Capt. Richard Valpey housed and fed thirty of them for a few days. Capt. Zacharias Foot " entertained » the entire company at his house for two weeks, as will hereafter appear, and through Capt M^lSr '"""''"*'"' ^"* *°'*"^' *° P'"^"'' " ^-««'' '° -"^'^ »^«y returned to 20 GHAFTEB lY. Tbrenghout the whole period of the Revolutionary War, the GoTornment of Masaaoha- setts Bay manifested a spirit of friendliness to the inhabitants of Yarmoath and Bariington, and shoved a disposition to grant, as far as lay in its power, the numerous petitions and memorials our people from time to time laid t>'){ore it. This condition of affairs was due, in no small measure, to the efforts of the Hon. Jo^^n Pits, a man of high standing in the Colony ; and in order that h an Armed Vessel, and libelled as subject to forfniture: being desirou!) of procuring all possible evidence to prove and defend the property of the Family, your ;i. aitiotier prays your Honors to Grant him liberty to send Capt. Richard Tutt in the Schooner Klyirii "'ish i "'i rington in Nova Scotia Gover'sment for the Purpose aforesaid and to bring up hu lirotuer, with such remaining effects as he has belonging to himself and the Family which have not fell a prey to the Common Enemy. [Here Mr. Pitts originally indulged in a few remarks concerning the character of American privateers, which were not at all complimentary to them. The text has been crossed out with ink, and is for the most part illegible ] Your Petitioner therefore prays in behalf of his Brother & the Family, that he may have liberty to dispatch the aforesaid Vessel for the purpose already express'd and that the Honourable Council would grant such protection from the rapacious disposition of Priva- teers & other Armed Vessels as your Honors shall think best. And as in dut; bound shall ever pray. John Pitts. Boston, May 16, 1778. In Council, May 16, 1778. J Bead & Ordered, ) That the Prayer of this petition be granted, * * • And it is hereby recommended to All armed Vessels belonging to the united American States, and the Armed Vessels belong- ing to this State are hereby commanded, to suffer the Said Tutt to pass & repass unmolested accordingly, with Such Effects of the said Pitts as he may bring from the Said Barrington. Bead & Accepted. Jno. Avkry, D'y Scy. Mass. Archives, Vol. 168, p. 309. 23 CHAPTER V. To the Honble the Council and Honble House of Representatives of the State of Massachusettt Bay, in General Court Assembled at Boston, The Petition of Setb Barnes and James Kelley Humbly Shew That your Petitioners are inhabitants of Yarmouth or Capersew in Nova Scotia Govern- ment where they have often afforded assistance to the Prisoners taken by the Navy & Army of the King of Great Britain, as may easily be made to appear. Notwitlistauding their friendly disposition, the American Privateers have repeatedly been into their Harbours & Robed their Vessels of almost all they had, and many of the articles so taken your pet'nrs have reason to think were never Libelled in any Maritime Court. That your pet'nrs have Contracted Sundry Debts in this State which they are desirous of discharging, and they cant do it without your Honors leave for to bring their Effects here. Your petitioners therefore humbly pray your Honours will be pleased to take their dis- tressed Case into your wise and Serious Consideration, and that your honors would permit them to come up with their Property to Settle & pay their debts, and also that they mtty be allowed to return home Unmolested from any American Privateer. And that your Honors would be pleased to Grant them such other and further relief, after hearing what your Petitioners have to offer your Honors, as you in your known Wisdom & Goodness shall think they deserve. And as in duty bound shall ever pray. Seth Baknes, Jasibs Killky. Boston, Feb. 27, 1778. Mass. Archives, Vol, 217, p, 266. A committee of both Houses was appointed to investigate Messrs. Barnes and Kelley's application, and after hearing them reported to the Court as follows : State of Massachusetts Bat. The Committee on the Petition of Seth Barnes & James Killey Beg leave to report State of Facts. It appears to your ('ommittee that the said Seth Barnes, lying in a harbor near Cap" Sable, in July, 1777, with no hands on board but three Prisoners & a Boy which belonged to Salem, with a desin^n to convey them home, John Leach of said Salem, Commander of the Schoc;ner Dolphin (privateer) Came on Soard and after being treated in a friendly manner promised not to injure him, the said Barnes. Never- theless, when said Leach was ready to Sale he Sent some of his hands on board said Bdrnes Si took from him fifty weight of Tea. And also the said Leach in said July Chased the said Killey into gibogue harbor and after knowing him to be particularly friendly to the United States promised him impunity, but in the night sent his people on board and forceably took from him forty-five gallons of Brandy and One Doz. and four bottles of wine. And that X^apt. Joseph Pitman of said Salem commanding a Small Privateer, on the 11th Day of December, last, took in a forceable manner from Amos Hilton, of Barrington near Cape Sable, the articles mentioned in the Schedule herewith Exhibited, altho he had a protection at the same time from the Honble Council of this State, All which is Humbly submitted. Saml. Nilbs. pr. Order. Your Committee begs leave to set again. Mass, Archives, Vol. 217, p. 267. ^^ 84 The "Schedule" of articles taken from Capt. Amos Hilton does not appear, but the following relates to bis " protection " from the Council : To the Honble the Council of the State of Massachusetts Bay :— The Petition of Isaac Smith humbly Sheweth that before the present Troubles Originated he bad dealings with Sundry Persona at Cape Erttew, iu the Province of Nova Scotia, and on the present Troubles Commencing, he had a Considerable Interest iu the hands of several persons in said Cape Eraew, who are desirous of paying their Debts provided they could nave Liberty to come unmolested into this State, your petition therefore humbly Requests your Honors would grant Liberty by a Pass to Amoa Hilton, of Cape Ersew aforesaid, to bring any effects he may taave into this State unmolested. And your petitioner as in Duty bound shall ever pray. Isaac Smith. In Council, Aug. 4, 1777. Read & Ordered that the Prayer of the above Petition be granted and that Amos Hilton, of Cape Porseau be & be hereby is permitted to bring any effects he may have there into this State & it is recommended to all Commanders of Armed Vessels & others belonging to this State to permit the Said Hilton to pass unmolested with his said effects. Jno. Aybbt, Dpy. Scy. Mass. Archives, Vol. 167, p. 141. The Besolve of the House of Representatives on the petition of Seth Barnes and James Kelley is too badly torn and faded to be entirely legible. Enough of it remains, however, to show that the prayer of their petition was granted, and that the Oonncil was requested to furnish passports for their passage to and from Nova Scotia. Following is a copy of the Gonncil's action : State of Massachusbtts Bat, Council Chamber, March 2, 1778. Pursuant to a Resolution of the General Court Passed this day directing the Council of the State Aforesaid to give Messrs Seth Barnes and James Killey, Inhabitants of Nova Scotia, Protections against the Privateers and Arm'd Vessels of this State, that they may come to the same with part of their effects & return home unmolested— Therefore Ordered that All Commanders of Armed Vessels & others belonging to this State be and they hereby are directed to suffer the said Barnes & Killey to pass to Nova Scotia, and to bring their said Effects from thence unmolested and to return. Read & accepted. Jmo. Avbbt, Dy. Scy. Mass. Archives, Vol. 168, p. 194. William Lambert removed from Boston to Halifax soon after the battle of Lexington, and March 2, 1778, Caleb Hopkins petitioned the Court that Lambert be allowed to return, which petition was granted March 9 following. The following chapter will illustrate the rapacious greed of the American Privateers on the coast, and their utter disregard for the mandates of the Oovernment under which they were commissioned. The affairs of Messrs. Pitts, Barnes and Lambert became curiously entangled through the agency of two private armed schooners from Massachusetts, and Aflveral other Yarmouth and Barrington men became drawn into the matter before it was finally settled by the General Court of Massachusetts. We will let them tell the story in their own words. CHAPTER VI. I, Joseph Homer, of Lawful age Do Testify & declare that on Tuesday Evening, tlie 19th day of May last, then lying in the Harbor of Liverpool in Nova Scotia, in the Schooner Dove, Prince Doaiie, Commander, between 11 & 12 o'clock at night, was boarded in a hostile manner by a boat belonging to the Schooner WaHliiugton, Capt. Preston, of Newbury, he being in the boat.— The said Capt. Presluu took mn from on board the Dove & carried me ou board said Schooner WaHhingtou, where I wa.s kept all night. In my absence said Schooner Dove was plundered of six bolts of Duck, about Twenty Weight of Tea and Sundry other valuable articles being the property of William Lambert of Halifax who had permission of Court to bring all bis effects to Boston, I having signed Bills of Lading for that purpose. Upon Thursday Evening, 4th June inst., then lying in the Harbor of Barriugton, in Nova Scotia, in company with the Schooner Susannah, Caleb Turner, Master, the aforesaid Capt. Preston, In company with John Blackler, commander of the schooner Lizard, helong- ing to Boston, boarded and took pos.iession of the Schooner Susannah as a Priise. One or two days before this Mr. William PiiM began to load said Schooner Susannah with Effects, for Boston, he having permission of Court therefore. On Friday morning said Pitts went on board with what other of iiin effects he could carry in the boat after having expostulated with said Blackler for taking away his schooner, having shown his permission of Court to him, but said Blackler insisted upon taking & carrying her away as a Prize. After having arrived in Shag Harbor, said Pitts being then on Board, said Schooner was detained till Sunday morning, from thence they proceeded to Tusket Islands, where they were detained until Monday, and from thence they proceeded to Tabogue. All this time a fair wind to sail for Boston to which place said Schooners Dove and Susannah would have sailed as soon as they could have loaded them, which would have been in two or three days. On Tuesday Evening said Pitts was sent on Shore with his Chest, Trunk & Bedding, they having first searched them. After having been set on shore he was remanded on Board again and detained all night without bed or bedding. On Wednesday he was again put on shore, said Privateers being then under sail bound out in Company with their Prizes. After this, Said Pitts in company with Capt. Barnes of Yarmouth, who had also a per- mission of Court to bring away his Effects, with your deponent, hired a small schooner, being deprived of their Vessels, and sailed on Sunday following for Boston On Wednesday Evening they were again boarded by said Blackler, then lying in Mosquito Harbour, in this State & four Men with Arms put on board threatening to put us on Shore on Montegiu Island, on which there are but two families living. Ou Thursday Morning sd Bla<;kl<'r came on Board & informed us we might tarry on board Kaijin;/ he did not like to harruM & trouble people. Afterward one more man was put on Board U.S as a further Guard — After wbicti we were ordered to Cape Ann — At which place I left them without their knowledge, Blackler having ordered us to be deiainMd as prisoners on board. Upon my arrival at Boston I applied to Mr. Pitts Brothers in compliance with bin particular desire to acquaint them of the usage he had received. The large Vessel that [haw] said Pitts Effects on board is not arrived. The morning after they took possKS.sion of Mr. Pitts Schooner, Capt. Blackler having agreed with me to go as far as Shag Harbour (not daring to refuse) there to take in 200 small arms to be delivered to Captain Adams at Boston, Blackler having given his Word & Honor that I should return with the said Schooner Dove to Barringtoa without being detained, which he a'terwards refused and carried her off as prize. Your Deponent further declares that liaving been put on shore at Liverpool, I saw a man in the morning after belonging to the Lizard* privateer have my Hatt on that was taken from on board the said Schooner Dove the Evening before. He told me to come down to the boat and he would give it to me. After I had come to the boat he told me I must go on board to the Capt. Upon which I got into the boat which was immediately put off. After she was a small distance from the shore the Hatt I then had on was taken off by John Redding, now Prize Master of the Schooner Dove, telling me it fitted him better than it did nse. I was carried on board the Lizard* bare beaded aa I was. After thia Robert Card of Marbluhead attempted to rob me of my Buckles & Shoes & Handkerchief on my neck & otherwUe abused me In too many Instances to mention. After Mr. Pitts and Oapt. Barnes were taken they were abused most shockingly. Your deponent further says that upon the permissions of the Goort being shown to the said Capt. Preston & Blackler they treated them with the greatest contempt Imaginable & said their laws were from Congress Sc further your deponent says not. Jos. HOMBB. MmoLBSEX S. S., Jnne 24, 1778. Personally appeared Joseph Homer and after being duly cautioned, made solemn oath to the truth of the foregoing Deposition by him Subsorlb'd before A. FvLLBB, I Jostloes of the Peace & T. Bbooks, ) Quorum Unit. Mom, ArcMvet, Vol. 184, p. 5. I, Seth Barnes, of Lawful age, do Testify & Say that on Monday, the Eighth Day of June, 177H, Capt. Prentoa of Newbury, Commander of the Armed Schooner called the Wash- ington, came up the River of Tabogue about four miles with his Boat manned & armed where my Schooner lay haui'd up by tbe Marsh Slrip'd of her Sails 8c Rigging which were then in one of our nelgbbourer's Hoiimhh. The 8""»• I, Waitstlll Lewis, of Lawful Age Do testify and Say that on or about the 4th June, 1778, Being engaged to come to this State with Mr. Joseph Homer, in the Schooner Dove, He, the Deponent beard Gapt John BlaotEler of the armed Schooner Lizard, promlHe and agree with Mr Joseph Homer to put on board said schooner a numbei of small armti to bring to this State, promising him that he should return to Barrington after taking on board said Arms, there to take in the BfiFects of Mr. Pitts & Homer, then remaining at Barrington, and then to Sroceed to this State, which was not complied with, but carried of Said Schooner with Mr. [omer as Prisoner on Board to Tabogue, 15 leagues distant from Barrington, where said Homer in company with Mr Pitts were put on shore, after being Detained as prisoners on board a number of Days and threatened to be turned on Shore at several places in order to Srevent their coming to this State to get their property, and after searching said Pitts' taggage and much abusing them, left them at Tabogue, the Deponent being then passenger in the Schooner Susannah and further saith not. WAnsTU.L Lbwis. Boston, 3 July, 1778 Mass. Statb, Suffolk County, Boston, July 3d, 1778. Waitstlll Lewis, after being examined and duly cautioned, made Oath to the Truth of the foregoing Declaration by him Subscribed. Taken at the request of William Pitts uf sd Boston, Merch't and of Joseph Homer of Nova Scotia, Mariner, in perpetuam Rei Memoriam. Saml. Pbhbbbton, > JOSBFH GaBOMBB, j Mass. Archives, Vol. 144, pp. 188-91. Justii Pacia et Quorum, A similar affidavit was made by Peter Coffin, who was also a passenger on the Dove, bound for Boston at the time of her seizure. I, Ebenezer Corning, of Lawful age Do testify and declaro that on or about the 10th of June, 1778, Messrs Seth Barnes, William Pitts & Joseph Homer came from Tabogue to Cape Forchew and hired of your deponent a small schooner to transport them to this State with some of their Effects, and after a number of days put Into Mosquito Harbor, in this State and was there Boarded by John Blackler Commander of the Armed Schooner Lizard, and four men with Arms, ordered on board by said Blackler who said be was D — -d Glad he came athwart of us, and that we were a flue Prize to him. Said Blackler said that he would put Barnes, Pitts and Homer on Shore: was asked where; he said on Monbegan Island, and after Searching, Bobbed and took from out said Barnes Chest One Bolt and one half of Duck, and left us in Custody of said armed men. the next Day they Proceeded for Gape Ann, but put into Winter Harbour, your Deponent being on shore with said Blackler, heard him say that he wished to G— d he could find a Vessel bound to the Eastward, be would put them D d on board of her, Barnes, Pitts and Homer. Then proceeded for Cape Ann and saw said Blaokler coming out, who bailed ua, and ordered one Brown, the Prize Master of us to oome to Marblehead the next morning, and to take oare of the Prisoners not to let them go on shore. The next day arrived at Marblehead, said Brown the Prize Master 28 went on shore and brought on board one Moses Picket, who said he had orders from Capt. BliMikler not to let the prisoners go on shore, and no one to come on board to give tliem, ttie prisoners, Hny advice, and said he had an old Father, a Cumniitt«eman, and that be could write any Declaration and he would sign it, which would be as good as any other Committee Man or Oounolllor, and after much abuse arrived at Boston, and after being detained prison- ers three or four hours, was ordered by the Agnnt to the Ferry ways, and after much abuse and threatening to kill and Drown us, Mr. PItts's brother came down and asked said Agent if he meant to detain his Brother as Prisoner, who answered he might go on shore it he would see him forthcoming. Then said Pitts asked for his Baggage But was refused tuem by the Agent who said nothing shall go out of her, and Further saith not, Bbenbzer Cobninq. Boston, 3d July, 1778. Sworn before Saul. Pemberton and Joseph Gardner, Esquires. The Privateer Schooner Lizard, of Boston, was owned by Thomas Adams. She was of about M tons burden, and mounted 6 carriage & H swivel guns. She carried a crew of 2o men, commanded by Capt. John Blackler and Lieut. Uendley. Mass. Archives, Vol. 168, p. 231. The privateer schooner Washington, Capt. Wm. Preston commander and owner, John Avery 1st lieut., was of 60 tons burden, mounted 2 and 3 pounder carriage and 10 swivel guns, and manned by a crew of 35 men. She was commissioned by the Massachusetts Qen- eral Court, Sept. 6, 1777 (See Archives, Vol. 1()7, p. 201), and, to put it mildly, when Capt. Preston declared himself subservient only to the laws of Congress, be failed to emulate the example set by his vessel's namesake, of truthful memory. To the Honhle the Council of the State of Masnachusetts Bay : The Petition of Ebenezer Corning belonging to Capersew in the Province of Nova Scotia Humbly Sheweth : That on his Passage from Caper Sew with Passengers on board bound for Newburyport, he was taken by the Privateer Schooner Lyzard, John Bliglitly commander and carried into Cape Ann, from thence to Marblolmad & from thence to Boston, but as his said vessel is not subject to Forfeiture, be is desirous with your Honors leave of returning home in her, and to induce your Honors to indulge him your petitioner begs leave to say, That he has during the present War aided and assisted all the American prisoners that were bro't in there, and has brought ofF several Freights of them and landed them in this State. He therefore humbly prays your Honors would be pleased to grant him Liberty to go with his Vessel from Boston to Caper Sue where he belongs, and that he may be allowed to carry some Provisions for his Family's use. And as in duty Bound shall ever pray, &c. Ebenezer Corninq. Boston, July 3, 1778. N. B. Schooner Swallow, 18 tons. The Subscriber testifies that the above mentioned Ebenezer Corning has been very kindly conveying Prisoners from Halifax, to this State and as it has been in bis power to render service to the American States In this way, there is no doubt he will continue so to do whenever in his power, and hDpes the Honble Council will grant his request of returning to Nova Scotia with his Vessel & some Provisions for his Family. William Pitts. Boston, July 3, 1778, A similar paper to the above was signed by Seth Barnes and Joseph Homer. Quite naturally, the Hon, John Pitts, who was now a member of the Council, became actively engaged in the affair, and used his influence in behalf of his brother's fellow sufferers. Al- though he was unable to be present when the Council took Capt. Coming's petition into consideration, he requested the good offices of his friend, Hon. Benj. Austin, one of the Council, in Capt. Coming's behalf, thus : Dbar Sib: r am ueoesiiarlly dutained from being wlih your Honora— ghoiild therefore take It as a U you will Introduce Mr. Cornell'a [Uorulng'ti] petition to the Bon. Board. It waa . In befor Dinner. I have no duubt of the sood character of the man Si that tt will be no more than act of Humanity to Grant hid Potliion. Youn, Ac, 6 O'Olook. Jtio. FiTTB. To thH Honble Mr. Austin. Council Cuambbr, Bead & Therefore Ordered that the prayer of the same be sranted and that tlin said Corning have, and he bert^by has Liberty to depitrt this State In liis Schooner Swallow to Yariuouth, in Nova ScutU, and tu carry with hiu: I'rovlHlons for the use u( blM Family— And all Cuiiituauders of all Hrmed VeHHels and others are hereby commanded to HulTer the sd. Corning to pass unraoletttt^d Acourdingly. Read & Accepted. Jno. Avert, D. Scy. In Council, July 4, 177s. Mass, Archives, Vol, lC8,pp. 432-3. To the Ilonble Council of the State of Massachusetts Bay ',— The Petition of William Pitts humbly sheweth that Home time paflt he hiiil periulHslon of T Honors to bring to iIiIm State his etTects from Nova SfoUa & at the time he wiiit loading sel in the HitrboU'' of Barrington for that purpose and had got only a part of his etTects Td said Vessel, a PrivuteHr commanded by one BU(!kler entered the said Harbour and ,>osses8lon of said Vessel & EffectH as a Prize notwithstanding he knew of the protec- tion of your Honors, which wati treated with great contempt & would not permit him to take on board the remainder of his eifecte, by which means your Petitioiit^r lias a consider- able value in Fish and other articles left in Novh Scotia. Vour Petitioner therefore prays your Honor's to grant liberty to Capt Joseph Homer to go to Nova Scotia to bring up said effects in a Vessel now belonging to your Petitioner, and who as in Duty bound will ever pray. William Pitts. Boston, July 17, 1778. Mass. Archives, Vol. 169, p, 3. This petition was granted in Council on the same day. State of Massachusetts Bat. To the Honourable, the Council of the State aforesaid: The Petition of Setb Barnes of Nijva Scotia Hntiibly Sheweth, that your Petitioner has bad bis Vessel brought out of thare harbor into this State against the onlnr of this Honour- able House, which protection your Petitioner received the 'M day of last March, and now humbly prayeth that your honors wold grant sd PHtitionfr Liberty to carry such necessities for his family youse as he may need, and protectios agiinst the armed Vessels of this State to go home & to return back to tliis State with so moch of his a fects as may iuabel him to Discbarge Sundre Debts Dhw to this State. Seth Barnes. Dated Boston, July 29, 1778. In Council July 29, 1778— Read & Ordered that the Prayer of this Petition be so far granted that Seth Barnes be and he hereby is per- mitted to depart this State for Nova Scotia in a smnll Vessel bound there and has Liberty to take on Board said Vessel One Bl Flour and one Cask Rice only, for the use of his Family. And the Commanders of All Armed Vessels & others belonging to this State are hereby 30 PloTSJe anmoSted!*' ^**^ ^'*'' ^"°«' *°^^ ^o^* Scotia with his Vessel & Sal Bead & accepted, Moss. Archives, Vol. 169, p. 46. ^^°' Avbbt, D. Scy. sel & Sai , D. Soy. 81 restored to Ir veaaels, tal owners 1 has been )t the war CHAPTER VII. In accordance with the permit granted to William Pitts by the Conncil of Massachusetts July 17, 1778, his attorney, Capt. Joseph Homer, returned to Barrington, where he engaged a vessel, which he loaded with three hundred quintals of fish and other articles belonging to the Pitts estate. The vessel was not large enough to take all the merchandise belonging to the Messrs. Pitts, and William accordingly petitioned the Council (Oct. 20, 1778,) for further permission for Capt. Homer to return for the remainder, which petition was granted. William Pitts never returned to Nova Scotia. He died in Boston Oct. 22, 1780, at the age of 36. The affairs of the family in Yarmouth and Barrington at the time of his decease were still in an unsettled condition, although Capt. Homer had been two years engaged in trying to adjust them. A few wt^eks prior to William's death his brother John assumed the management of the business, retaining Capt, Homer in his employ. He petitioned the Gen- eral Court (Sept. 11, 1780,) as follows: To the Honourable Council & House of Representatives of the State of Massachusetts Bay : The Petition of John Pitts humbly sheweth That in consequence of a large trade which was carried on by the late Father of your Petitioner in the Government of Nova Scotia, The Family now have a considerable Interest there, part of which consists of real Estate, as will appear by the Dei^ds and which is going to ruin every day. Your Petitioner prsys your Honors that his Attoru»*y, Joseph Homer may have the protection of this Court to bring up the proceeds of the real E^ttate, which he is ordered to dispose of, and also of several Securities in Money, Fish, or such articles as he can procure, to prevent a total loss of the Interest aforesaid, great pitrt of which has already been lost in a vexatious manner. And your petitioner as in duty bound will ever pray. Jno. Pitts. This petition was granted on the 15th, and Joseph Homer was given permission " to bring into this State from Cape Persue & the Town of Barrington • • » Any Effects he has in his hand, being The Property of the Heirs of the late Honble James Pitts, Esqr., Deceased, in Salt, Cash or fish, and all Commanders of Armed Vessels," &c., &c. Capt. Homer appears to have teriiinated successfully the business of the Pitts heirs, as no further mention of the matter is found. But John Pitts did not forget the people of Barrington and Yarmouth, into whose affairs and situation he had gained an insight, and that he often used Li« nowerful influence in their behalf will in several instances ap[iear. On the "f^h of July, 1777, the brigantine Rising Sun, Capt. Malachy Salter, of and from Halifax, bound for Bermuda, was captured by the privateer schooner Dolphin, Capt. John Leach, and was sent into Salem, where she was tried and condemned in the Maritime Court convened there on the 14th following. She was a vessel of one thousand tons burden, and at that tim ~ must have been considered quite a monster. A full record of her trial has been preserved (Mass. Archives, Vol. 159, p. 168), one of the very few instances where Prize Court records have been saved. 82 It is possible that Capt. Salter was detained in Boston as a prisoner of war. If such was the ca«e, his motives in petitioning the General Court as follows are easily conjectured. To the llonble the Council of the State of Massachusetts Bay, in New England, and to the Honble House of Representatives for said State : Th<) Petition of Malacby Salter humbly sheweth,— That your Petitioner was formerly an inhabitant of the Town of Boston, but has for many years past resided at Halifax in Nova Scotia where he has a considerable Interest in real and personal Estate, but having Suffer'd severely, both In person & property on account of his political prinuiples, and for the favor and assistadce ha afforded to the American Seamen & Others in Captivity there, his residence in that Province must render him very unhappy ; Your Petitioner therefore humbly prays that he may have liberty to depart for Halifax, and return aa soon as he conveniently can, with bis family & Effects, to Settle in this State, without molestation of any Armed Vessel, or any other person by land or Water, belonging to the United States of Amt^rica, and that your Honors will be pleased to grant him a Certificate for his protection, and your petitioner as in duty bound shall ever pray, &c. Malacht Salter. Boston, Sept. 15, mi.— Mass, Archives, Vol, 183, p. 136. The above petition was granted, thus : Statb of Ma!>sachusett8 Bat, Council Chamber, Sept, 15, 1777. Upon the Petition of Malacbi Salter praying for Liberty to depart this State for Halifax, and return with his Family and Effects to Settle in this State:— Read and ordered that the Prayer of said Petition be granted, and that the Petitioner have and he hereby has Permission to proceed to Halifax for the Purpose of Bringing his Family and Effects from theuce into this State, and it is hereby recommended to all Com- manders of Armed Vessels aud others to suffer the said Capt. Malacbi Salter to pass from this Port to Halifax and from thence to Boston in the State of Massachusetts Bay without Molestation or hindrance. Sent down for Concurrence. In the House of Representatives, Sept. 17, 1777. Read & ('oncurred. J. Warren, Speaker. Jno. Atbbt, D'y So'y. To the Honble Council of the State of Massachusetts Bay : The Petition of William Greenwood humbly sheweth that at the request of Capt. Little- field Libby and his crew being 21 in Number, who were Drove on Shore by one of the Enemies Cutters, and after burning their Privateer fled to the Woods for Shelter, and having travel'd 17 Legues, in Great Distress to Barrington, in Nova Scotia, in Cape Sable, Eaat Passage, where your Petitioner lives, undertook to convey them to N England In his Vessel, a Schooner — of about 46 tons burtheo, named Sally, which they purchas'd to convey them over the Bay, and having no way to get to N, England, and the Inhabitants there not able to support them. Your Petitioner, by the sd Capt's advic:- and at the rt^quest of the Inhabi- tants took on Board » few Quintals of flsh which was sent by many different families; some bushels of Salt; and some Oil for the purpose of purchasing some Corn in N. England for Bread, for the poor Inhabitants of Barrington.— Your Petitioner therefore humbly prays your Hon'r to permit him to sell the same, and purchase some Necessaries, of eatables, aud to carry the same to sd Barrington, in the sd Vessel. Your Petitioner also bro't up one of Capt. Fullerby's men and three more who belong'd at Boston, who have made their escape from Halifax, and can at^dure your Hon'rs he has done all in his Power to Assist Prisoners during the present Wa:— Your Honors granting the above Prayer will serve not only your Petitioner but hundreds who wish well to the American Cause. And as in Duty Bound will pray. William GRBBMWooDi Salem, Oct. 27, im.—Mass, Archives, Vol, 167, p. 380. nn„Bi„?f?*2f^"^**''***''^^?®*'i'®^'°'*^'° ^»P*' Greenwood's Petition to the Honble E^ Si- I^T^S/^'y *Ti *°^ i*'^* dxulng my stay In Nova Scotia after the unhappy Loss of ^l Y^ut'J **°^ my distressed People received great Civility and uncommon kindness from tne Inhabitants; and had not Oapt. Greenwood consented to bring us to New England, we S^f li .^SiK? . ^ beyond expression-having lost a Boat we purchased by selling our Shoe Buckles, Thirty small arms and the money we had with us. The sd Greenwood Is a hearty i?:f^,„fiiTil!?°*' *f**?"S*..^°V#'"?** ^^^ ^^ '^'»»* •»«>"»■ d»neand In assisting any whom the cruel Enemy unjustly Stile Rebels. Salem. Oct. 28, 1777. Littlbfibu> Libby, Oapt. The petition of William Greenwood was granted in Council, Oct. 31, 1777. 84 CHAPTBE VIII. To the Honhle the Council & house of Representatives of the State of the Massachusetts Bay, in General Court Assembled : Humbly Shews David Corning of Yarmouth within the Government of Nova Scotia that having, with a DispoHition to serve the General Cause of the United States of America us likewise to relieve the Unfortunate & Distressed, brought numbers of tbe Inhabitants of the United States aforesaid, who having been Prisoners at Halifax had escaped to Yarmouth aforesaid, Into the State of Massachusetts Bay, & having received from said Prisoners a Gratuity for such favors in the Currency of the United States which will nothing benetil him in tLe Government of Nova Scotia — And that by the Laws of the Massachusetts State he is prohibited from carrying Provisions or Produce of any kind into the Government of Nova Scotia, whereby your Petitioner has a Currency upon his hands within the State of Massa- chusetts Bay tbat cannot advantage him as an inhabitant of Nova Scotia (tho friendly and assisting to the Cause of Liberty and the United States) without the special interposition of the Government of the Massachusetts — In this Predicament your Petitioner humbly requests tho honbia (.!'>uncil & House to grant him Liberty of purchMsing a quantity of Pork, Corn & Cyder for tiio use of his family in Nova Scotia, & to furnish him with a safe conduct for the same. And as in duty bound shall ever pray. .1 David Cornino. A counterpart of the above petition, in behalf of Ebenezer Porter, was received by the General Court at the same time. Cape Porpos, (Kennebunkport) Nov. 21, 1777. These are to Certify the Honorable Committee of Newburyport that the bearer Ebenezer Porter, Capt. of tbe Shallop Elizabeth has Brought me and my two boys from Halifax tbe said Porter has treated me Very Well, but haviug Opportunity to proceed Directly to Boston I have takeing a Passige in a Schooner. Shall hfg tbe favour oi the Honourable Committee to Treat tne said Capt. Porter Well as he Wbants some Corn to carry to Yarmouth to sum of our Good Friends there & in so doing Youll Oblige yr Humble Servt John Grimes Com- mander of the Xariar Privateer out of Boston. State of Massachusetts Bay, in the House of Representatives, Doc. 3, 1777. On the Petition of David Corning of Nova Scotia, who brought a number of our Prison- ers from that to this State, praying for leave to Carry back with him a Small Quantity of Provisions & to have a Protection for the Same, Resolved that the Committee of Corrispondence inspection & Safety of Newburyport, be & they are, hereby directed to Suffer David iJorning to purchase & take on board bis Schooner Boat, Called the Lydia, Bound to Nova Scotia, One hundred & fifty bushels of Grain, Five Barrels of Pork & Eight barrels Cyder, and no more. And the Honble Council of this State are hereby desired to Grant a Protection to the Said Corning for the purpose aforesaid. Sent up for Concurrence. John Pitts, Spkr. pro tern. In Council Dec. 3, 1777. Bead & Concurred. Samuel Adams, Bcr. 86 '4 Ms Bay, in Scotia that America as tants ot tbn I Yarmouth Prisoners a benefit him State he is int of Nova B of Massa- •iendly and rpoaitlon of )ly requests rk, Corn & iuct for the CORNINQ. ved by the . 21, 1777. r Ebeuezer lalifax the 1 to fioHton Committee Lith to sum imea Com- A similar resolution was passed by both houses upon the petition of Ebenezer Porter, and passes were issued Captains Corning and Porter by the Council on the following day. Mass. Archives, Vol. 183, pp. 283-9; also Vol. 216, p. 69-70; also Vol. 174, j). 7. To the Honourable the Council and the Honourable the House of Representatives of the State of Massachusetts Bay in General Court Assembled, The memorial of Solomon Ryder of Yarmouth in the County of Queens County and Province of Nova Scotia, Mariner, humbly Shews— That on the twentieth day of December last in a boat of bia burthened about twelve Tons he sailed from Liverpool in said Province to transport five subjects of this State, who were prisoners there, into this State— that he arrived in Newbury Port within this State, having transported those prisoners hither, on the twenty-fourth of this Instant; that lie brought with him four hogsheads of Salt to lay out here; that the inhabitants of Yarmouth aforesaid are in a destitute starving condition for want of Bread-Corn, — that they have been deprived of it almost all this winter, subsisting themselves on potatoes. That said inhabitants are extremely well disposed to tlie Cause of the United States having emigrated from New England.— That they treat all the American prisoners which can get there, with the utmost kindness and humanity so far as lies in their power,— tho' at the same time destitute themselves of many of the nece'«saries of life. Where- fore your memorialist humbly prays that your honours would take tne facts aforesaid into ^our wise consideration, would compassionate the situation of your memorialist and of said inhabitants, and in some measure to relieve their distresses would permit your memorialist to purchase within this State a quantity of Indian Corn not exceeding one hundred and fifty bushels, & export the same from Newbury Port aforesaid to said Yarmouth for the use of the inhabitants theirof, and would give directions to the Naval Officer for the Port of said Newbury Port to give him the necessary papers therefore, And as in duty bound shall ever pray, &o. Solomon Bideb. Newbury Port, 31 Jan'y, 1778. Falmouth, 12th Jany 1778 this is to Sertifle that Solomon Rider brought us the under Subscribed from Halifax as Prisoners therefore bigs Live to Recomend him as a frind to the united states of America. To all Whom it may Consern Pr. James Ross, Arthur McOlellan, J. Payson, M. .Johnston, Wm. Soward. ifass. Archives, Vol. 183, ip. 384-6. 3, 1777. )ur Prison- ijuantity of iiryport, be board his bushels of )le Council he purpose pro tern. The above petition was granted on the 5th February, 1778, and Solomon Rider was per- mitted to transport to Yarmouth i) quaiitii.y of grain in his schooner, the Seaflower. The measure was signed in the Hoii'^e of Kepresentatives by John Pitts, " Speaker pro tem." On the day following Capt. Ryder a^niu petitioned the Gen Court, this time for leave to remove his family and ♦•flfects to MassachnHftts, which petition was granted on the 9th. As Capt. Ryder did not return with his family to New England, it is evident that he used the pass for that purpose in the manner alrea'ly set forth in the introduction to this series.— Sec Mass, Archives, Vol. 183, p. 397; also Vol. 217, p, 97. To the Honble the Council & llonhlc Hom^e of Representatives of the State of Massachusetts Bay: The Petition of Jonathan Jackson & John Bromfield both of Newbury Port Sheweth — That Several years before the Commencement of the present War, Mr. John Barnard of Yarmouth, in Nova Scotia, had contracted a large Debt with yoor Petitioners, which they 89 have been endeavoring to recover, ever since the present troubles, but have succeeded only In a small part, they are lately informed that said Mr. Barnard is lost up the St. Lawrence River and has left Effects in the hands of his Brother Benjamin Barnard at said Yarmouth. Your Petitioners therefore pray the Permission of this Honble Court that any Effects sent by the said Benja Barnard, or Otherwise belonging to the estate of the said John Barnard sent (or the Purpose of dlschargeing the Debt due to your Petitioners may have free passport to this State & Protected from all Interruption from any Armed Vessells under the control of this State— And your Petitioner as in duty bound will ever pray, &g. tfoNA. Jackson. John Bbomfibld. Newbury Fort, 6 March, 1778. This petition was granted March 9tb following.— ifows. Archives, Vol. 217, p. 320-1. Mabblbhead, April 1st, 1778. To their Honor's the worthy Members of the Great and General Court oj Massachusetts Bay , holden in Boston, in New England: 6BMTI.BUBN,— Tour Petitioner John McGray of the Town of Yarmouth, Nova Scotia, now a Prisoner, taken and captivated by the Orew of the schooner Terrible, of Marblehead, Oapt John Con- wey (Gonnaway) Commander, am so far from being an Enemy to the United States of America that upon examination I trust I shall prove, at least be constru'd a true Friend and well wisher to them in every respect, witness the many instances wherein I have to the utmost of my power exertbd myself for the support and enlargement of many of them since the Commincement of this unnatural Contest, between Great Britain and these States, even to endangering my own Peace and Interest, sundry times at Hellifaz I have secreted and brought away six or seven of them at a Time, many of them I have concealed and supported at my house ; attended and supported some that were sick ; some I brought over to St. Johns ; others I brought away and landed them at Casco Bay. A few oi the many I have served in some one of the above mentioned ways (they being at least Eighty in all) among which number are Gapt. Crawford, of Rhode Island, Oapt. Oraflen, of Salem, and his Crew ; Capt. Douce, Capt. Salter, Parker Tizenton, John Bowden, William Davis, John Brown, and Oapt. Furnis and his Orew, I maintained Twelve Days at my house. And when the American Prlvateerh come in or sail out of our Harbour I readily and willingly supply them with whatever lays in my power ; my bouse is and e'« * *» is hereby McQray all his own private Venture tt the romm«nrt„ ii' ^^hooner to driver to tl.e Said to this State are here'by dirUed\r8uffer sd M^TaTto plssrltc^te^^^^ ^''"''' *'«'°°«'°8 88 CHAPTER IX. Massachusetts Bay. Boston, March 4, 1778. To the Eonble the Council * the Honble the House of Representatives of said State. Humbly Sheweth Stefhbn Blanbt ; That on the 25 April 1776, he Removed with his family from Marhlehead to Yarmouth in Nova Scotia (first obtaining Liberty from the Selectmen of said Town for that purpose) at which place he has Resided till the present Time, always making it bis constant Study to afford every Assistance in his power to any of his Countrymen who have from time to time made their Escape from Enemy, as may be made to appear by many witnesses now in this Town, Particularly Capts Olney & Grimes — Your Petitioner, being now Desirious to Return to his Native Country, prays Your Honours would Grant him Permission to remove his family & effects from Nova Scotia to Marble- bead, & to grant him a Safe Passport for that purpose, & he as in Duty Bound will ever pray Stbphkn Blanbt. Boston, 2l8t Feb'y, 1778. This may certify to all whom it may concern— That I the Subscriber late Commander of the Continental Brigantine the Cahott after being forced ashore by the Enemies Frigate the Milford at Jeboge, On my way from there fell in with Mr. Stephen Blaney of Yarmouth at Cape Persue who very kindly relieved and assisted me & my people in getting away from that place— And in all his Behavoir he appeared truely friendly to this Country. JOSBFH OXJTBT. Mr. Blaney's petition was granted Mar. 7, 1778. Mass. Archives, Vol. 184, p. 17. State of Massachusbtts Bat. To the Hon'ble the Council and House of Representatives in General Court Assembled. Edward Tinkham, of Yarmouth, in Nova Scotia, Humbly Sheweth, Your Petitioner had a Schooner t>iken when coming from Hallefax, John McGray, Master, the said Schooner is now in Marhlehead which was taken by Capt. John Conway & now in his possession. And as your Petit.ionnr can make it Appear that he is now and ever has been, a true Friend to the American Muies he humbly prays your Honors to take the affair into your wise Consideration, & reMtorn unto him his Schooner; or otherwise relieve your Pet'r as your great wisdom & goodnw-is aliall seem meet. And your Pet'r as in Duty Bound, &c. Edwabd Tinkhah. State OF Massachusetts Bay, in the Hona** of Representatives April 17th, 1778: Re- solved that there be allowed and paid out of the Treasury of this State One Hundred Pounds to Edward Tinkham a'< a present from this State In Consideration of (his losses by the war and for)* his humane behavior to divers of the subjects of these States when In distress. Sent up for concurrence. John Pitts, Speaker Pro Tern. Mass. Archives, 217-416. *The words enclosed are crossed out with Ink in the original. sb 4, 1778. ed with his ty from the the pr«8ent er to any of as may be fc Grimes — nr HoDnurs to Marble- 11 ever pray Blankt. Jb'y. 1778. amander of Frigate the armouth at away from H Olnet. « ns Bat. McGray, Conway & V and ever talse the ise relieve .INKHAM. 1778: Re- ed Pounds >y the war stress, ?ro Tem. I, Sans Standlrt, of Marblehead, in the State of Massachusetts Bay, of Lawful age testify & Say ; that sometime in January 1777, I was an inhabitant of JeboKue in Nova Scotia; & Xeighbor to Edward Tiukbam of sd Jebogue & am well acquainted with the said Tlukham & know that he has been friendly to American Prisoners & has auppUed them with the Xeuessaries of life, Particularly to Myself By lending Me money & AsHistiug n:e in carrying my Furniture & things un board a Vessel to come to Marblehead and this was at a time when the Milford Man-of [War] lay Nigh by,— This DepouHDt further says that be has often heard the sd Tinkham & his wife sav that they were friends to America & I have known him to deny selling the Crew of the King's Tenders, Provisions and otter necessary Articles. — this Deponent further says that the said Tinkham is a Person of Qood Moral Character & further says not. Sans Standlby. Essex S. S. Apr. 6, 1778. Sworn before Joseph Wakd, J. P. 3fass. Archives, 184-81. To the Council oj the State of Massachusetts Bay. The Petition of John Caldwell humbly sheweth That he is an Inhabitant of New Jerusalem [i, e. Shelburne] in Nova Scotia: that by the Comuiencement of the present uutiitppy and calamitous war your Petitioner (being in the fishery business for lis Daily Bread, and being a fatherless Youth bound in Duty to Support bis widowed .Mother and Sisters,) was put out of Business, and seeing nothing but Distruc- tlon for himself, his Parent, and Sisters, consented to go in a Merchantman from that Province to the West Indies; and on my Return, was strongly importun'd to go on another Voyage to (Juebeck, on which I was taken by the Privateer Dolphin and bro't into Salem.— Your Uon'rs will be pleased to consider I have never been in any arm'd Vessel, you will also consider my motives, my Youth, and particular Situation:— Your Petitioner prays your Honors therefore to suffer him to go to New Jerusalem, In a Vessel which is soon to sail for Barriugton in sd Province— that I may do my Duty to my Parent— and aa in Duty bound will ever pray John Caldwbll. Salem, Nov. 4, 1777. Council Chamber, Nov. 5, 1777. Read & Ordered that the Prayer of the above Petition be granted, and that the sd John Caldwell is hereby permitted to depart this State, to New Jerusalem, in Nova Scotia, in the Schooner Sally, William Greenwood, Commander. Mass. Archives, 167-412. Apr. 19, 1777 Ephraim Dean, of Liverpool, N. S., petitions the General Court for leave to remove with bis family and eifeots to .MassacbusettB. He states that he has transported to Machias, t. .red severely from the depredations of American Privateers. His petition was granted June 23, 1778.— Mass. Archives, Vol. 219, p. 208. m To the Honourable Council, oj the State of ifaisachueetta Bay, The Petition of Bbnjahin Gowbn of Oapenew In the ProTinoe of Nova Sooia, Humbly Sheweth :— That in his passage in a small Schooner from Gapemew to Cornwallis he fell In with the armed Schoouer called the Resolution, Situutil RoRers Commander, which Privateer Siez'd & took from him his whole Uargo, vizt Thirty Hogsheads of Salt, one Cask Rum & Twelve yards of Oluth, and then let him go after putting on board his Vessel a number of British Ofticers &, Soldiers, Prisoners, Viz. One Highland Captain, one Lieut of Marines, the Purser of the Albany Ship and a number of Prlvittes, and the said Rogers, with threats extorted your petitioner's promise to carry the said Prisoners to Cornwallis, which he did:— That on your Petitioner's return from Cornwallis to Capersew, a Whale Boat out of Salem, Nathaniel Webb, Master, came up with him and carried him to Salem. Since which, for some con- siiid Cape, which he ia deairoua to bring into ttiia Statu for which he wiahea to have your Honrs permiaaion for the above purpoae, which he haa an opportunity to tranamlt to the ad Rrown, and your Petitioner aa in Duty bound will ever pray Dami.. Hopkins. 8alei», Aug.24,1778. Granted in Council, and a permit iaaued to Nathan Brown, Aug. 26, 1178.— Mass, Archives, Vol, lea, p. los. 44 It appears to us that Mb. John Swain, of Barrington in Nova Scotia has brought up a number of Prisoners from that place as appears by a Sertiflcate under their hands— As said Swain appears to be friendly to the United States— it is our opinion therefore that he might be indulged in Trade so far as the Laws of this State will admit of „ , RicifiED Smith, 0. P. S.* Newburyport, Aug. 8, 1778. In Council Aug. 10, 1778; Read and Ordered that John Swain of Barrington in Nova Scotia be and he hereby is permitted to return from this State to Said Barriugion in Nova Scotia and has liberty to take on board his vessel such provisions for the use of his Family as the Committee of Newburyport shall think proper. And the Commanders of all Armed Vessels belonging to this State are hereby directed not to molest the said John Swain on his return to said Ba. 'ington. Mass. Archives, Vol. 174. p. 381. "Comuilttee of Public Safety. 45 GHAPTBB XI. To the Honourable Council of tfie State of Massachusetts Bay. The Memorial of Alexandbb McNctt, Humbly Sheweth— That your ^Memorialist on the 22 June last had his house Bobed by a number of Armed Bufflans who took and Carried away by force a number of Articles, Sword, Pistol, Firelocks, Powder, Ball, Shot, and Flints, Drawing Box and writing Stand with there contents. Superfine Scarlet and Blew Oloaths, Books, Silver, Spoons, Silver Buckles, Plain, Set and Carved, Gold lace. Diamond Bings with a number of other articles as may more fully appear from a particular state cf the Case, retCerance being had thereunto— and to which he begs leave to refer the Honorable Council. The Capts name (as he said) was Thomas Francis, a Welchman. The Lieut, name Newall, of the Armed Scnooner Congress, of the Port of Boston. Your Memorialist c:*n tiuly Say that he would be Extremely Sorry to see the Glory of the American Arms tarnished or their Lustre Sullyed bv the Conduct of Such unworthy persouB, who are only a disgrace to the name of Soldier — Neither can your Memorialist think l:imKelf Justly Intittled to any Such treatment, more Especially as he has already Suffered a Lv ss of upwards of Forty Thousand Pounds Str in his Property in the Course of the Contest, by the Waste of his Timber for Lumber and Staves, Coal Mines, Salmon Fishery &c. avd to add to his otber Difficulties, was taken on his Passage hither by an English Frigate, after- wards Chased on Sheer by two Tenders, and finally obliged to take his passage in a Whale Boat to Falmouth, from thence by Land on Foot, having been Deprived of the Means of traviling more agreeably by the aforesaid Bobers. Tour Memorialist therefore requests that the persons aforesaid may be brought to Justice, that some Salutary Measures may be adcoted to prevent for the future all such Irregular proceedings, and that the Honorable CouncU would be pleased to take his Case into Consideration and do tlierein as shall seem meet. Albxb. McNuit. nth Angt, 1778. To the Honorable the Council of the State of Sfassa^husetts Bay. The Memoilal of At.rxawdeb UcNutt, Humbly Sheweth, That your Memorialist did present a Memorial bearing date 17 Augt last requesting redress for Injury done to his Brother and him by a Privateer from the Port of Boston— That Thomas Francis, the Master of the Said Privateer was at that time in Boston, and Mr. Oliver, one of the owners went with your Memorialiat to the aforesaid Francis House and found several of the Articles in his Possession Marked with my name. I had BO time then to Spare for takeing care of the said Artlcl<)s and Mr Oliver assnreing me that he would not only take Special Care of what was tiiere found, but use every Endeavor to find more before my return, and from my Application to the Honorable Council and Mr Oliver's promisti I rested Content. Upon my return [I] wMted upon Mr Oliver who Informed . e that the Said Francis had Balled for South Carolina and had carried all my Articles with 'jim ; this T must Confess Is Treatment very Different from what I had a right to Expect.— That the Villians who not only Bobed me of my Property, but upon my resistance Insulted me with blows, should be permitted to escape with Impunity, Seems very Extraordinary— and is such treatment as I sfaonld not have Expected from Either the Christian or the Gentlemun, and what makes the Casi i^tHi wuise. that I cannot be permitted to pass and repass through the Country Un- molesci i, even tho' I Iriijure no S2un, for on the 8th Inst., was Arrested at Salem as a Doubtful Character. How I can be Justly Considered in a Double Capacity and treated as both Whig and tory seems a Parradox to me. I have always spoke my sentiments Clearly, and would have readily added Correspondent Actions had I had a Call in Providence so to do, being well 46 Convinced that the Cause of God will admit of no Keuterallity, and I CballenKe even Emnity itself to produce one single Instance in which I have deviated from the Resolves of Congrnss Since 1774. Before I left Nova Scotia I had Sustained a Loss in my Property of upwards of Forty Thousand Pounds Str and probably much more since, and Dr. Prince, with others of like kind applied to Britain for my lands (and of Consequence for my Life) representing me as disaffected, which application was supported by Oovr and Council at Halifax, as your Memorialist was Informed, the Inference I would make is that there Cannot be two Con- tradictory Bights Equally true at one and the same time ; if Dr. Prince with Britain Claimed a Bight to Bob and plunder McNutt on pretence of his being a Whig, then Certainly the Privateer Called Congress from this Port had not a Bight to Bob me as a tory— yet so it is.~ The truth is, neither had a Bight to what Providence gave me. Since I tirst set out for redress have travel'd by Land and Water, on foot and on Horse- back upwards of two Thousand Miles and have Expended above live Thousand Pounds, and above thirteen months time without obtaining the lea:'.t redress. I know it is not a proper time for individuals to give unnecessary trouble, and therefore shall make no remarks at present upon the treatment I have received but leave it to the Consideration of Your Excellency and the Honorable Council. All which is most humbly submitted, Alexb. McKutt. 17 July, 1779. To the Honorable the Council of the State of Massachusetts Bay. The Memorial of Albxb McNutt, Humbly Sheweth,— That your Memorialist did 17 Augt 1778 & Jul; 17, 1779 present two Memorials request- ing redress for the Injury duue to his Brother and him under pretext of Authority from the United States, for that purpose at the same time your Memorialist was likewise Employed by Sundry other Persons to Solicit redress, their auct's and Characters certified before a Magistrate and a power of agency Given to your Memorialist, but his being taken by the Enemy on his passage occaaluued the loss of his Vouchers,— bis Case appears to be singular for the Schooner which he brought over the Bay, in her return was taken by the Enemy and Condemned. It is upwards of Twelve Months since your Memorialist first applied for redress, as yet have obtained none, — perhaps further Evidence may be deemed requisite — if so, he requests Sermission to return and to pass and repass unmolested by Laud and Water, which will give im an Opportunity of forwarding such Evidence as will make it very Evident that he is not Intittled to any such treatment and he apprehends it will refiect but very little Honour upon the Arms of the United States to have them Prostituted for Such purposes. Tour Memorialist Came not for Law nor Money, but for Justice and his Property which was unjustly Carried away. Many of the Papers and other Articles Cannot be replaced with Money ; for a more particular State of his Case he begs leave to reiler the Honorable Council to the Memorial Already mentioned and requests that his case may be taken into Considera- tion that he may be permitted to return and Collect such Evidence as may be necessary and to forward the same and to return here unmolested. All which is most Humbly submitted, Alezb. McNutt. Sept. 8, 1779. State of Massachusetts Bat. In Council Sept. 10, 1779. Whereas Alexr. McNutt, an Inhabitant of the Province of Nova Scotia hath repre- sented to this Board that the Comr and Crew of a certain American Armed Ship did land in that part of said Province where the Petitioner dwells, and did rob and plunder his dwelling House of almost every valuable article in it against the usage and customs of civilized Nations at War with each other, for which he hath been soliciting redress but hath failed to obtain it owing, as he conceives partly at least to a want of such evidence as may clearly evince the equity of bis request of compensation from the persons committing the supposed injury ; which failure of evidence he alledges is owing to the capture and consequent loss of some of his papers, which can easily be supplied if liberty be granted to him to go to Nova Scotia and return again, under such restrictions as this Board shall think proper. It is therefore ordered that the Said Alezr McNutt be permitted to go from hence by Sea and 47 Land as shall be most convenient ior him, to Nova Sootia, for the purpose afore-mentioned and to return from thence, provided he shall give his parole in writing that he will not do or say anything to the injury of any of the United States during the time he shall be engaged in the business aforementioned, and more especially that he will not communicate any intelligence touuhiug the affairs of any of the said States to the Enemies thereof.— And the People of this State are directed, and it is hereby recommended to the lubabitauts of the other United States, not to molest or impede the said Alezr McNutt in his going to or returning from the said Province of Nova Scotia, or any other persons that he Hball authorize for that purpose aforesaid, unless they shall find, or have good grounds to bKlieve that the said Alexr McNutt shall have actually violated, or has designs to violate his said Parole. Attest John Avert, D. Scy. Mass. Archives, Vol. 170, p. 385-6. Uaukd Islands,* Sept. '25, 1779. These lines Comes with my respects to you, & to acquaint you of the Rubery done to this Harbour, there was a guard of men put upon every house and the buus«s stnpt. very Surprising to us. they came in here Early in the Morning on the 20th day of August last, and said they were from Penobstcot and were torries bound to halifax. they (.iome to uiy house first and wanted some refreshment, accordingly we let them have what they wanted; and then they went away and stayed on an Island till the tide run so that they could Comn at my Beat, then they come and took my Boat and put a Guard upon ray House and went a Robing, they took about 19 Quintals of Ood Fish and Four Barrels of Salt, three Salmon Netts, 60 lbs of Butter, one Green Hyde, five dressed Skins and some Cheese, and a Gre»it many other Things. The Boat Cost me tlfty pounds Halifax Carrency. then they went to Mr Matthews and there Robed him then went to Mr. Uaydens, and Robed him, then went to Mr Locks and Robed him. these things are very surprising that we in ihi» Harbour that have done so much for America, that have helped three or four hundred Prisoners up along to America and Given part of our Living to them, and have ConcealHd Privateers & prizes too from the British Cruisers, in this Harbor. All this done for America and if this be the way that we are to be paid I desire to see no more of you without you Come in Anotber Manner, but I hope the Amerii \ Gentlemen that Grants out Commissions or are Bondsman would take these Notorious Ra; '.alls in hand for this Robery. Sir, he so kind as to Inform some of the Council of the affi. :r, that we might have some restrictions, otherwise we shall not be able to help the American prisoners, and more Sir, if you iind out who these be, and whether we are like to have anything, be pleased to write. [Signed] f William Porterfield, True I John Matthews, Copy I Thomas Hayden, A. McN. I. Jonathan Lock. have been informed that the Masters names were Charles Jenks, Samuel Briggs & Gidion Hogsie [Hoxie?] fitted out at Coxit [Coakset] River owtween Dartmouth & Seconick [Seekonk] River near [New] Bedford in three Whale Boats. Dr Benjamin Richmond of Little Compton & Col John Topham, New Port Rhode ^ '^nd Owners— Mr Porterfields Boat was disposed of at Gap Ann. Sib: Boston, October 11, 1779. The Enclosed letter I received at Salem, those who Committed the Robing I am Informed were from Dartmouth or Bedford in Whale Boats, who afterwards went into the Passage or Barriugton, took a Schooner from Capt. Greenwood who has followed them.— I cannot think it will Insure iny V^aluable End to the States to Suffer any in their Services to plunder the People on that Sboar (Except such as are Carrying on a Trade with the Enemie). the time may not be very remote, when they might be called upon to take an active part in the present Dispute, and can it be supposed that they will Cordially Join with those who have deprived their Families of Support, and who would willingly at any time have shared the little they were Possessed of with such as were in need. The three first had a good schooner taken from them in 1776 by Capt. Harmon of old York, for which they have as yet received no compensation, they had about 300 Quintals of •Lockeport. n 48 Good Fish to bring over the Bay, had obtained i;: Oopy of a Commission to i£nable them to Come to this Market, but were deprived by Harmon, with others, they bad put a particular state [-uientj of their Case in my bands which I lost in my Passage.— I think it would ensure a good end if the Honorable Council would at least resolve that Justice should be done la the Case, and in the meantime order a small supply for the Support of the Sufferers. I have the Honour to be With due Respect, Sir, Your Most H'ble Servt Alkzb. MoNutt. The Honorable Jeremiah Powell, Esq., President. To the Honorable the Council and the Honorable House of Representatives of the State of Massa- chusetts Bay. The Memorial of Albxandbb McNutt in Behalf of his Brother & Himself Humbly Sbeweth That your Memorialist having had his House Plundered and his Brother and himself Insulted with Blows by a number of Armed BufSans, who pretended to have Authority from that State for their Conduct, did immediately follow them, found the Capt in Boston with a number of the Articles in his Possession, Marked with my KTame which Articles, Mr Oliver, one of the Owners of the Privateer, promised faithfully to take Care of for me, but who appears at present unwilling to give them up or Entrust me with the Care of my Own Property. Your Memorialist having only tarried a few hours after the Robery was Committed Cannot as yet ascertain all the Damage, have mentioned only a part of the Articles Carried off with a View of having the Villains thereby discoveied, secured and brought to Justice. He Apprehended the Damage Sustained to be upwards of three Hundred Pounds Sterling, Exclusive of Books, Papers and other articles which cannot be replaced for money, for a more particular state [-ment] of his Case he begs leave to refer to the Memorials presented to the Honorable the Council of this State dated Angt 17, 1778, No. 2, Jnly 7, 1779 & No. 3, Sept 8, 1779, and requests redress, and likewise redress for those who have Empowered him to apply in their behalf and who by the by are not to be Considered as runners Connected with persons on this Side of the Bay who are Carrying on a very perw nicioua Trade with Halifax and other parts. Should the Honorable (Jourt Judge it proper to permit your Memorialist to forward, by the first Good Opportunity that opens, a small supply of Corn & Bye and a few other Neoessarys for about fourteen Families (provided he can find a Good Opportunity and some assurance that the Enemie will not take it from them, and provided further that it do not interfere with any Plan of the Honorable Court) he presumes it would answer a very Good End— No Protection or Passport for Trade is desired under pretence of bringing of Families & Effects ; let such be the part and portion of the Enemies of America who have hitherto Enjoyed it Unrivalled, without perhaps one Exoep* tion, and he presumes no one friend has ever yet applied or received snch a pass, the ResolvM of Congress and Instructions to Commanders of Ships of War being fully sufficient to answer every valuable purpose in Am»Ticti. Your Memorialist considers it as his duty to Defend his Property in Any part of America where God in his Providence has Ordered his Lott, against the Unjust Claims of all Persons Whatsoever, whenever Providence will afford an Opportunity and therefore desires not the Bemoval of any part of it Except somewhat for Cloathlng and Expense. That manv Persons Carrying on a Trade with the Enemie have Justly Suffered, and have likewise had redress both here, and there, is Granted, and on the other hand others who have never deviated from the resolves of Congress and who have suffered much from both Sides, and as yet Without any redress from Either is Equally Certain Shall Conclude with Observing that your Memorialist has Suffered more in his Property than all in that Colony put together. Including the DamagH Sustained from the British and the Dregs from these States known by the Appellation of Most Loyal Subjects & Befugees, and who are a Curse to that Colony & have made it only a Cage for Unclean ^irds. it Is to be hoped the measure of their Iniquity is Nigh Compleat and that a time of purging will shortly take place.— Aa yet Your Memorialist have not obtained even the least redrass- tho' he might as well as others plead a Merit in having Adtuinistered to the relief of his Brethren in distress, as perhaps be may have done more In that way than many who make Iturge pretentions, out he apprehends that he has done no more than his duty in that respect, and T 49 Bideratton and do therein as shall seem meet. All which nevertheless is most humbly submitted June 21, 1780. I whom he represents into Con- Alexs. McNott, State of Massachusettts Bay, In the House of Representatives, June 22, 1780. PortX'Swayin^NovUcoMa?^"'''' *''*'""^ ^™^'°« ^^« **» <^»"y Certain Articles to tn P^^R J'* *''*! Alexander McNutt be & he is hereby permitted to Export from this State to Port Roseway in Nova Scotia for the Benefit of fourteen famihes residiM th^rn Si»t^ s^mKrt cSlTo/ C?ocWl^^ °' ,"3l°if«'""''J.!l»"«^ of rZ. oTett of&Vand sevS FamiUea. Crockery ware such as Milkpans, porringers and Buttir pots for said Sent up for Ooncnrrence. In Council June 22. 1780. '°™ ^^^coci,, Spk. Bead & Concurred. John Avbbt, D. Soy. Mass. Archives, Vol. 228, pp. 391-S. 60 OHAPTBB Xn. Sept. 3, 1778. Bbmajab CoLum, Karttbant, of Liverpool, pottttoni the 0«ii«ral Ooort for leave to return to Liverpool where he baa resided eigutean years, for the purpose of settling his affairs and removing his family to Massachnaett*. Orantad.— Jfota. Arminea, Vol. 169, pp.iaM, Sept. 8, 1778. Johh Eopkhts. of Liverpool, petitions the General Court ft leave to noMive bis family and effec Capt. of privatars that Belonging to A. Mariak that I have Relesed Capt. Gowday for his Grate help to our prisoners Upon this Shore if all Gentleuiea will Do the Same thay Will a blige tbairs to Sarve John Mabsr. This may Certify to all whom it may Concern that Mr. Philip Gouday of Capperso, was taken in a Small Schooner by Charles And^ sun iu the Privateer Stoop littell John and brought into the Port of Boston, and upon eyamination it appears that the said Gouday has been friendly to our prisoners Who have been driven on that Shore by the Enemy, therefore the owners of Said Sloop and Crew have given Said Gowday his Schooner And goods again. John Wait, Agent for Sloop. Boston, September '22, 1779.— J/ass. Archives, Vol, 224,p. 232. Three Three your To the Honble Council u; Honble House of Representatives of the State oj MasMcIiusetts Day, Boston, 28th Septr 1779. May it please your Honors The Petition of David Corning, Zachariah Foot & others, Humbly sheweth that they having by the kind interpositloa of your Huuol's, oblaiued some consideration fur the losses they sustained by Cbe Privateers, are undtlt I Bay. benezer Id Nova amilies, I be and cotia in id a few itionere red and lis State r of the yage to ite with Scy. Spkr. CHAPTER XV. State of Massachusetts Bay. To the honorable the Council ifc the honorable the House of Representatwes in General Court ansembled.— Boston, 17th November, 1779. The Petition of Seth Barnes of Yarmouth in the Province of Nova Scotia, Humbly sheweth— that nltlio' a nominal subject of the King of Great Britain Yet in principle & Heart he is a well wisher to the Country which gave him birth ; that he has been of all the service to Jao Cause of the United States, which his local situatioQ would admit of, he can make appear by plenary Evidence, particularly in aiding bis Countrymen when Prisoners in th« aforesd province in making their escape, six of which he has now brought with him after keeping them secreted in his house for some time at a considerable expense & great hazard. Your Petitioner therefore humbly prays tliat in return your Honors would be pleased to permit him to carry down a Quantity of Grain, some Oidev, pork, &c necessary for the 81'!'; v' . his Family, & some other Persons residing in the same town with himself equally '-oil diNojsed. Your JVf'ii.ner would extend his supplication still further & pray that your Honors wou'd take the premises into your wise & candid consiilt^ration & grant him a licence Si protection under the nal of the sd State allowing bini to carry on any trade that your Honors may think reciprocally advantageous to him and the sd State under such restrictions as your Honors in Your great Wisdom may think proper, more particularly an undisturbed Liberty to carry on the fishery, he going bonds that the Pish so caught together with their Effects shall be brought to the market of the Town of B()Htr)n or of some other town in the State aforesaid, and your Petitioner as in Duty bound Shall ever pray Seth Barnes. The above petition was referred to a committee consisting of Mos3S Gill and Josiah Stevenson of the Council, and Messrs, Greenleaf, Tudor Williams of the House, who report- ed as follows,— State of Massachusetts Bay ( In Council Nov. 19, 177!) ( Upon the Petition of Skth Barnes praying for permission to carry down some necessaries to his Family at Nova Scotia Your Committee tinds sd Barnes has had Two permits of this Court of Feb. 28 & March 2d, 1778— Said Barnes has brought up Affects on Account of said Pennies. Resolved that the said Barnes deliver into the Sec'y Office the two permits above mentioned. Also Resolved that the Prayer of sd Petition be so far grante brought in a prize belonging to Halifax Which made most of the Town Muster to take the Prize from the Privateer and wanted Your Memorialist to Joyn them Who refused to be Concerned which Prejudiced Some of them against Him, Especially Mr. Kelley, & his Comrades— Blaney, Foot and Bernard, Who give him No Peace, the people woald have paid Kelluy for thn Boat if he would deliver her to your Memorialist, but he would not. Then he Cut her a Drift from a very Secure Place and Let her go on the Rooks Where she took great Damage. Your Memorialist was out of all hopes of Qetting her and wanted to Return home. Then Said Kellev & his Comrades Charged him with Stealing of Goods from a Store which were Mislaid and then found, for which Your Memorialist was Taken up by said Kelley and his Comrades & Confined, Carried before a Justice and Honorably acauittod. Then was refused Liberty to go home Until Kelley & his Oomp* had been to Hallifaz & returned, but Before they got Back your Memorialist got away 8b onme home. Since Which The Said Boat is Captured and Brought into Marblehead, Which Your Memorialist Prays he may have, and He as in Duty Bound Shall Ever Pray, &o, JmaaaoAB GoirirBUi. In Oonnoil Sept. 14, 1780. Bead & Ordered that Joseph Simpson Esqr with such as the Honble House shall Join be a Committee to take this Petition into consideration 8c answer thereto, hear the parties who are present & to report what may be proper to be done thereon. Sent down for Conourrenoe JoBir Avert, D. Secy, In the House of Representatives, Sept. 14, 1780, Bead & Concurred & Col. Bagley & Capt. Curtis are Joined JoBir Hastoock, Spkr. The Committee to whom was Committed the petition of James Kellbt and the answer thereto of Jbbbmiah Connbll, have attended the Service, heard the parties, and report that the petitioner have leave to withdraw bis petition, which is Submitted. Joseph Simpson, pr Order In Council, Sept. 14, 1780 Read & Accepted Sent down for Concurrence John Atbbt, Dp'y Scy. In the House of Representatives, Sept. 19, 1780. Bead & NoN-Coucurred— and the House agree to the Resolution annexed. Sent up for Concurrence John Hancock, Spkr In Council, Sept. 19, 1780, Read & Concurred John Atbbt, D. Soy. In the House of Representatives, Sept. 18, 1780. Whereas James Kellbt, an Inhabitant of Nova Scotia has represented to this Court that a Boat which be purchased of Jbbbmiah Connblii, of Boston, Mariner, was captured by an American Privateer, and brought into Beverly in July last— That the Owners of said Privateer knowing him to have been friendly to the United States and to have assisted divers Prisoners in making their Escape from Captivity, were willing that said Boat should be re-dellvered to him, but that said Jeremiah ConaeU has replevined said Boat out of tha 87 Hands of the Owners of said Privateer as his Property, and whereas the said James Kelley has requested the Interposition of this Court for his relief— Therefore Resolved, that the said James Kelley be permitted to appear in the Gourt at which said action of Replevin is to be tried and there taking upon himself the Defence of said Suit & to avail himself of all and Every Transaction Circumstance and Contract respecting the said Boat, to every Intent and Purpose, as if said Transactions Gircnmstanoes and Contract bad been done, transacted and made within this state and as it the said Kelley was an Inhabitant of this State, any Law of this State to the contrary notwithstanding. Bent up for Concurrence John Hamcock, Spkr In Gonnoil, Sept. 19, 1780. Read & Concurred JfcMa. Archives, Vol. 229, pp. 98>102. John Avbbt, Dep. If the matter of " Connbll versus Ekllbt " ever came to trial the writer has been unable to find any record of it. It is bis opinion that the matter was settled out of Court, probably by a complete surrender on the part of the plaintiff, who evidently found his position unten- able. On the same day that Gapt. Kelley was given permission to defend his property in the Courts of Law, be petitioned for leave to return home in the same vessel, already restored to him, and to take with him a quantity of provisions for himself and Kbenezer Porter, who accompanied him, which petition was granted.— ifoss. Archives, Vol. 239, p. 71. 68 CHAPTER XVII. Feb. 24, 1780. Blisra Eldridob petitlona for leave to return to Tarmontb in the schooner "Bosanna" with provisions, and to return to Maasaohnsetts with his effects. Granted. Mass, Archive», Vol. 176, p. '206-6. April 3, 1780. Thomas Flint and Zachariah Foot petition for permission tu dinpose of a quantity of salt and tish and to Invest the proceeds in provisions, also for protection in transporting the same from Boston to Yarmouth. They mention having brouent u number of escaped prisoners with them, in the schooner Hannah. O ranted .—^ass. Archiv ,!s, Vol. 176, p. 320. April 21, 1780. Sbth Babnbs, of Yarmouth, in a petition to the General Court, states that he has lately arrived at Marblehead with a considerable number of escaped American prisoners; that the Naval Officer at Marblehead will not permit his departure without the order of the Court; and prays that he may be allowed to sail from that place to Boston, where he desires to exchange a small amount of property for necessary supplies, and to sail from thence to Yarmouth free from molestation ; also that a fishing permit be granted him. With the exception of the last clause his petition was granted. It was accompanied by a certificate from the returned prisoners, thus,— Mabblbhead, April 19th, 1780. To the honorable Council & houa of Representatives in the State of Massachusetts Bay, We hose Names are hearunto Suscribed having bin prisners in Nova Scotia & received assistance and Kelief from Capt. Seth Barnes of Yarmouth in Nova Scotia a fureSaid & by him helped and brought to this State Think ourselves in duty bound to inform This Honorabel Court of the friend Ship we have Received & likewise to beg that the Said Seth Barnes may have Such Indulgences granted him as Such Conduct toward Prisoners Merits. John Coltbr Benjamin Stbvbns J * Toppan Jbrbmiah Lbb Thomas Courtis John Stacky Amos Lbfavour. 3/(MS. Archives, Vol. 227, p. 263-5. •Illegible. To the Hon'ble the Council and the Ilon'ble the House of Representatives of the State of Massachu- setts Bay. Humbly Sheweth Sarah Lewis, that Waitstill Lewis, my husband, with your petitioner, some years since, went from Rhode Island to Halifax, where we kept a public House, and by keeping good order lived in much reputation and got considerably beforehand. But at the commencement of Hostilities between Great Britain and the Colonies, and hearing of the fight at Concord, my husband was like a distracted man to get away from Halifax, to help his country where he was born against the British King, and as he could not get away :i directly from Balitax, he went to Liverpool with his fttuilly, and got to Boston directly upon the Troops leaving it, and left aliuoHt everything behind, and ttaid he would rather he a beggar in hiu own country with Liberty, than a rich man at Halifax UDder the then preeeuC f;overnmeD.t, and after giving all the help he could to the War, thiuklng to do better fi)r bin arge family, to get two and a half BbareH he went Steward on board the Sturd,v Beggar Privateer, almost three years ago; which Vessel is supposed was foundered at Sea This grievous ufHiction was most severely fell by your petitioner. But a liiiid providence kept me ttlong with the assiHtuuce of my mou, who went to Sea and was exceedingly kind and t»'nder to his Wlddow Mother. He was in the West ludies last Summer, and gave an acquaiutauce of his hard money to buy a barrel of Sugar aud a bag of Coffee to bilugliome for me, liut the man sold it and spent the money, And I wiis not ahln to get any m>ire than thrtiH Imudrt^d Eaper dollarb* fur it, but this with hard labour, and a few dollars from one and another I ave rubb'd through the Winter— Where my Sou al)ovementioned is I know not but lielieve he sailed last out uf Maryland, where I hope soon to hear from him, aud hiive some relief. Myuextson of fourteen years old went with Oapt. Dillaway thinking to gut something to ussittt me a few mouths ago, and was taken and is now in Gaol with the Uuemy, Aud I have four children now at home with m«, The oldest but nine yuars old who turns a wluiei for a twiue spinner for a dollar a day,* & I tiiid him victuals— the next, is a little tender girl of six years old— the next four, and the next a little better than two and was born six months after my huHband went away. And I have a hrneding sore in my baud that adds greatly to my other troubles, as it prevents me from labouring. Aud your petitioner is now in great dis- tress—almost to distraction- knowing uot which way to turn, or go, and must witliout some help sell my Bed from under me, to nay my rent and get some ueressaries. Vour petitiouef teels grieved to trouble your Honours with her case, but great & pressing necessity urges me, MM(l I would not apply did I know of any other way in the world where to get relief ia un honest way. I therefore most earnestly prav your Honours would hear lue, aud as [ caa bring sutUcient evidence to the truth of ray Representations, I hope for that relief which your Honours from jour Compassion & Benevolence to the Widdow & fatherless who haa none ocliiT to help, shall seem meet to bestow, and your petitioner as la duty bound will ever pray, Sarah Lewis Boston, April 27, 1780. State of Massachusetts Bay In the House of Representatives, Apr. 29, 1780 On the petition of Sarah Lewis Resolved that there he paid out of the Public Treasury of this State the sum of Two hundred pounds, to Sarah Lewis, for reasons set forth in her petition Sent up for Concurrence John Hancock, Speaker In Council Apr. 29, 1780. Read & Concurred John Avery, D'y Secy. Warrant drawn this Day. Muss. Archiocs, Vol. 180, pp. 19l-2i. The ancestry of Waitstill Lewis of Yarmouth has always been an unsolved genealogical puzzle. A search through the " Vital Statistics of Rhode Lslaud " and Austin's " Rhode Island Dictiouiiry " has disclosed the following, which may be of interest to his numerous descendants, John Lkwis was at Westerly, R I., us early as KWl, for on Mar. 22 of that year he signed certaiii articles relating to Misquamicut lands. He was made a Freemason Oct. 28, KiiiH aud took the oath of alleglani-j Sept. 17, 1679. The name of his wife is uot given. He had seveu »'riie paper currency issued by the Colonies during the war was so depreciated iu value as to make these 8eomiL{;ly large sums mere pittances. IMAGE EVALUATION TEST TARGET (MT-3) t ^ /. ^/ ^M /. ^. ^ 9 HiotDgraphic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) $72-4503 m^' w sons and one danghter, and from him la desoanded • namerona and highly napeotaUe pot* terity. That he was the anoeator of Waltattll Lewis, Sr., there can be little dnubt, although the line of descent has never been establlsbt^d. " Wait " Lewis married at Westerly, Oct. 2, 1754, 8a.Ah Bliven, (bom May 36, 1736,) daughter of Bdwarda Bliyen and Freelove Swaros> Edwards Bliven was the son of Bdwardi Bliven, an early settler of Westerly, who married Oct. 2, 1691, Isabel, danghter of John Macoone. John Macoone is supposed to have emigrated from Aberdeenshire to Westerly before 1669. His wit'it's name was Auna. Among the many colonists who removed to Nova Scotia frcm Rhode Island in 1799, were several representatives of the Lewis Family. As shown in the petition of Sttrah Lewis, above, her husband, Waitstill, Sr. was one of these, and that he returned to Massachusetts in time to fight for American Indep«3nd«noe and thereby lose his life is also made evident. Shortly after Mr. Lewis' arrival in Boston he enlisted as a private in Gapt. Utileb Brooks' Company, Col. Dike's Beglment and served from Deo. 14, 1776, to Mar. 1, 1777. His residence is given in the Muster and pay rolls as Cape Sable. He probably re-enlisted in Capt. Thomas Bumstead's Company, Lieut Col. Jabez Hatch's Regiment, for on May 7 following he was one of a detail drafted from that company for guard duty at and around Boston under Gen. Heath, upon which service he was engaged five weeks. There were several privateers commissioned by the Massachusetts Oovernment called by the name " Sturdy Beggar," and there are no means of positively identifying either of them as the ill-fated craft in which Waitstill Lewis, Sr., lost his life. From circumstantial, evidence, however, the writer feels quite certain that the following described vessel was the one. The Brigantine " Sturdy Beggar," Heman Doane, Commander, John Dealey, 1st Lieut., William Moars, 2nd Lieut., James Smith, Master, mounting fourteen carriage and a like number of swivel guns, provisioned with 80 bbls. Beef ft Pork, Sight Tons of bread and flour, carrying 1500 lbs. of powder in her magazines, and manned by a orew of 90 men, was commissioned July 26, 1777. To the Honorable the Council of the State of Maifochutetta Bay Humbly Sheweth The petition of WAtrstn.!. Lswis, of the Province of Nova Scotia. That your petitioner Is a New England man born tho' for several years past has lived at Cape Site, and can bring Incontestible proof of his friendship to this Country. He has ever since the Contest between Great Britain ft America done everything in his power to aid & Assist the Unfortunate American Prisoners, that have come to his knowledge— at a considerable expense has fed them, and sent or brought them to their own homes, at no small risque of nis person ft property. And the Gertincate accompanying thia petition will convince your Honors in part of the above representation. Your j^titioners Father, two years since lost his life in the American Cause— And leaving a wife with several small Children who are now in Boston, is a considerable inducement for him ro come here, and administer such relief to his Mother &c, as his Ciroumstanoea will admit. Tour petitioner asks for no pay for the prisoners ha has brought with him, or for hiding and supplying them when at his house. But aa he has a Boat at the Extent not more than fourteen Tons, on board of which ha has about forty Quintals of Fish ; and would wish to sell the same, and obtain leave from your Honours to purchase One barret of Rum, one barrel of Uolaeaea, One barrel of Rice, Half a bbl. of Sngar ft Ten bushels of Grain, and to return again to Gape Sue with the above mentioned Arnoles, or guch part tff them, as Tour Honours will please to permit. And your petitioner will in future endeavor so to demean himself aa to reoouuuend him tor further favours should he need them— And aa In Duty hoand will ever pray, Waitrili. Liwn. Boaton, Atig. 4, 1780. 71 BoaToK, Aag. 3, 1780 s Theae may certify whom it may Oonoem that we whom names are hereunto snbsoribed when prisoners in Nova Scotia, have received sifKnal Frlendnhip Sc kindness from the people at Gape Forchn 8t in particular from Mr. Walt Still Lewis who was so kind as to bring us from thence into this State, free of all oharxe, for which instance of kindness wa wish he may be rewarded with every indulgence from this State that such conduct towards Prisoners when in Distress deserves. Enoch Parsons, Gape Anne, (In the handwriting of Nathi Ellebt, Gape Anne, Mr. Samuel Sheldon Poole.) BBNJm Bbownb, New London, Edwabd Toldbbot, ( ?) N. Garolina, John Sinnott, Gape Anne, W BussBLL, Portsmouth, DAVn> MANBiriBLD, Massachusetts. Mr. Lewis' petition was granted in Oonndl on the day it was received. He was permit* ted to sell his fish, purchase the provisions specified and was given forty days in which to complete his business and leave the State for Yarmouth.— ifius. Archives, Yol. 176, p. 696-7. Boston, August 5th, 1780. To the horumrable Council of the State of Massachusetti Bay. Gent; Humbly Sheweth the Petition of Samuel Sheldon Pool, an inhabitant of Gape Forchu in Nova Scotia, Whereas sundry articles, the Property of your humble Petitioner were not included in the report made to Council yesterday by Walt Still Lewis, Master of a Schooner from Gape Forchu, your humble Petitioner would beg leave to represent the same & pray for that indulgence which your honours would be pleased to grant him. The particular articles are one hundred and ten Pounds of steel, five Quintals of God-fish, ten Qrind-stones and fifteen Moose Skins. Tour humble petitioner would beg leave to dispose of the above mentioned Articles, and to carrv to Gape-Forohu, one Barrel of Rum, one Barrel of Molasses and ten Bushels of Grain or such Quantity as your honours shall think proper to grant. And as In duty bound your humble Petitioner shall ever pray Bahubl Bhbuwn Pool. State of Massttt Bay, Gouncil Chamber, Aug. 7, 1780. Bead & Ordered— That Samuel Sheldon Pool be and hereby is permitted to make sale of the articles imported in a small boat from Gape pursue mentioned in his Petition and transport in said small Boat of about fourteen Tons, One Barrel of Bum, one Barrel of Molasses, & ten Bushels of Grain from Boston to Gape persue aforesaid in Nova Scotia, and the Naval Officer for the Port of Boston is hereby directed to grant the Necessary Papers— And All Com- manders of Armed Vessels and others belonging to this State are directed, and All com- manders of Armed Vessels and others, belonging to any of the United States are requested to permit the said Vessel to pass unmolested to Gape pursue with the said articles on board— This permit not to be in force longer than forty Days from the date hereof. Attest John Avbbt, D. Scy. Matt. Archivet, Vol. 176, p, 090t m 'SW w OHAPTEB XVm. To the Hon'bU the Council oj the State of Maaaachiuetts Bay and the Hon'ble House of Repreient- ativea in Qm, Court Aasembled. The Petition of .Ioskph Dkxtbb of Liverpool in the Provinoe of Nova Scotia Humbly Sheweth That upon a Oomplaint made by one Bobbbt Fostbb to the Oove^'uor and Council of Halifax against your patltloner. being charged by said Foster with High TrAason, for Aiding and Assisting the American Prisoners and procuring their Bnlargemnnt; Upon which Com- plaint he was in November iRst taken up and Committed to Qaol in Liverpool 'till he could oe carried to Halifax for Tryal, from which he found means to make his Escape and came to Boston. That Afterwards his Wife with Six Children, one at her Breast, Baited from Liverpool in a Schooner bound for Boston, And on their passage were taken by the Schooner Washington of Newbury Port, Capt. Preston Commander, the armed Schooner Lyzard, Capt. Blacklev in Company* who carried them into Newbury Port, first taking a number of articles from them and distressed his Wife & Children and turned her on Shore at Newbury Port wuere she was destitute of all Friends and Acquaintance. That your petitioner has been informed that the said Uobert Foster was sometime ago a Prinoner here and went away in a Cartel Brig whereof Cant. Godfrey was Master, first giving Bond with Sureties in the penal Sum of One Thousand Pounds, Cendltionnd that he would not do anything to hurt the American Cause or any of the Friends thereof: Notwithstanding, he had not Arrived at Halifax three days before be made the aforesaid Complaint against your petitioner, and came himself In the Dead of Night with a Guard and carried him to Prison. That your petitioner with his Family are In very distressing circumstances, having left all their substance behind, and great part of bis Sufferings has arisen on Account of his Friendly disposition to the American Cause. Your petr would humbly Submit to your Honors' consideration whether as the said Fos- ter had forfeited bis Bonds to the Injury of your petitioner, he ought not to be compensated out of the same. He therefore humbly prays your Honors would be pleased to take his case into your Compassionate consideration, and grant him such relief as your Honors in your known Wisdom shall see meet. JosBFH Dbxtbb. Boston, July 28, 1778. State of Massachusetts Bay In the House of Representatives, Sept. S, 1778. Whereas Mb. Jobbph Dbxtrr, of Liverpool In Nova Scotia has represented to this Court the great Sufferings and damage!* he has undergone In conssquence of the Supplys and Assistance afforded by him to Prisoners belonging to this State who were in Said Province of Nova Scotia— Therefore R«8olved that thH Sum of Sixty Pounds Lawful money be paid out of the Publiuk Trea-sury of this State to Josbph Dbxtbr for the loss of two Boats which be Lent to the American Prisoners to make their escape, and also in full for all other assist- ance afforded to said Prisoners. Sent up for Concurrence John Pickbbinq, Spkr. Mass. Archives, Vol. 219, p. 249. *It will be noticed that these two American Privateers were the same who interfered with Messra . Barnes, Pitts and Homer, as set forth in Ubapter vi. X^anant on the TtManry lor S60 wat dnwn In favor of Josnra Derm, on Mondaji 8«pt. 21, ms. 8Uto of the MMMwhiiaettB Bey 2b (A6 lumourable the Council A (A« AonoHraftfe JSTotiM of ttepnttntativta in OmercU Court auembkd oth dead men— upon which, Mr. Greenwood, one of the men belonging to the Sohooner, finding it in vain to resist, offered to pilot the Schooner out, ft they permitted him to take the helm, but he ft Hooper stood the one on one side ft ibe other on the other ot him with drawn Bayonets & told nim if he rnn them ashore or offered to speak loud so as to be heard on shore he was a dead man. That when they were at sea Greenwood wanted them to go ashore at Gape persue to take on board some salt, he telling them he would put them into the hold ft keep them sf ret but that they told him they were not going to trust him & they would not suffer him to go on shore— And that afterwards they put him and another man on shore on an Island ft gave them provisions enough to last them till they could get to the main, they were all present when Reed told his story & aM agreed in it. And the men that purchased the Sohooner of them were present when they gave this account. The said prisoners said as they lived in different parts of the Country ft wanted to get home ft money to bear their expenses they should oe glad to sell the vessel, upon which the afores'd persons bought her— I further say that there was no person aboard by the name of ShAUton as I then heard, but I have since been informed that said Reed afterwards made some tarry in Falmouth ft there changed his name ft called himself Stanton. I further say that the account said to have been since siveu & sworn to by him, according to the annexed paper is very different from what he repeatedly gave in my hearing ft is many parts contradictory thereto. Bachbi. Chanolbb. I, Mart Hamblbton, of North Yarmouth, testify & say that I did repeatedly hear the above named Ueed give the account above mentioned of his & his comrades escape from Hallifax, in presence of the above named Rachel Chandler & of the above named persons who afterwards bought the sd Schooner, and heard the said prisoners offtsr the said Schooner to Sale for the reason above given— and said Reed & the rest constantly declared that they took the Schooner by force ft without the leave or Consent of said Greenwood— and I also declare that the account contained in the annexed paper, said to have been since given on oath by sd Beed, by the name of Stanton, is very different from what he frequently gave in my hearing and in many instances condicts it. her Mabt X Hahblbton. mark * tr rt Oamberland u. Valmoafh, Hsy 8d, 1780, the aforanamed Baohel Ohftndler & Mary Bambleton made oath to the respeotlye DepoaltioiiB by them Severally Blgn'd that they Qontaia the troth ft Nothing bat the Troth. Goram Bmoob FsBiifAii Juat Paoia. AutaoTK may ye 18tb, 1780. the examination of Wm. Staxxoh A Soldier in the Amarlcan Serrice ft was taken Near Stoney point ft Carried Prisoner to ballifax that on or about the twelfth Day of april Laat •boat nine a Clock at Night he the t4 Wm. with five more went on Bord Capt. Wm. Oreen- wood'B Small Schooner then Laying at a warf at hallifaz ft Demanded that he wontd Carry na up westward as far as the east passage f- e- Barrlnston]. That when we told him we belonged to america he readily consented on which he the sud Greenwood Immediately took the helm ft steared the Schooner oat of the harbour of Hallifaz ft went into a harboar about thirty leagues to the westward of HallifaX ft that the said Greenwood took every pradent measure to prevent our being discovered. He went on shore while our vessel lay aground ft never discovered us to the Inhabitants ft I realy believe the said Greenwood might have taken said Schooner from us if he had been so minded. The next day put to sea & stood to the westward about Ave leagues when we met said Greenwood's brother in a Shallop with three men on board with him ft that said Greenwood told us to keep below that we might not be discovered by his brother's crew. We proceeded about two leagues further when 1 was called upon deck by fonr of our Company ft they told me they had ssteed to set said Greenwood on shore on a desolate Island to which I would not consent, thuy also told me if they did not set him on shore they would kill him. But Greenwood telling them if they would Let a man that was with him with his chest on shoar he would carry them to Salem on which they promised they would do it but did not comply with their promise, on which Capt. Greenwood shewed them a permit he had from the Council of Massachusetts Bs/, ft when they titoaght they oould not make a prise of her they insisted on killing said Green- wood ft the man that was with him, on which I beged they would not but set them on shore, on which they said they would set him on shore if he would go, if not they would kill tiim, on which I went into the Oabbin ft gave him to nnderstand there was a plot ft made signs to him to go on shore, he then beged of them to set liim on Shore so that he might get to his family with his chest which they refused to give him but set him on shore after demanding his money with a cockd pistol at his breast, which he Delivered. We then penned our oonrse to Oasco Bi^, but on oir passage I told them said Greenwood would recover his Vessel again, two of them. via. Thomas Hooper of Beverly ft William Forbush of Salem, said If he came to Salem Marblehead or Booton tbey would knock him on the head ft throw him over the Wharfe, on which I dare not say any more, ft when we arrived at Casoo Bay they •old the B* Schooner for Five Thousand Dollars.* bis Waui. X Stastoh. mark Cumberland SS. May ye 18th 1780. then Willm Stanton appeared ft made oath to the Troth of the foregoing declaration sworn before me. jBomiAH Pbbble, Jus. pads. I, Jacob Gxibtis, living on Great Chebeag Island in Casco Bay testify and say the same day that one James Boed (as he then called bimaelf) and others came there in a small schooner laat April, he heard them say at Mr. Jonathan Cbaneller's house, that tbey took said schooner at Halifax by force about nine o'clock one evening in order to make their escape from Halifax where they had been prisoners, that one Greenwood, who was one of the men belonging to the Schooner, when he found he could not help himself, offered to gUot them out, but they suspected to ran them ashore, if they had not have known as well as e, but that they prevented him, ft afterwards coming up they put him and other man belonging to the Schooner ashore. They shewed me a Clearance wmoh they said they found •Depreciated Onnenoy. i on board ft It wm of the tenor of that hereunto annexed, ft from tfaenos and the prvMnt form & appearance of the same, I have no donbt the Clearance annexed U the aame they ahew m« Jacob Oubtk?. Oomberland h. Falmooth, May 3d 1780 the abore-named Jacob Onrtis made Oath to the Troth of the above Oepoeition by him. Slgn'd Goram Enoch Vwooum, Jnal. TfmcAa* Port of Hallifax* Thttfe are to certify all concerned. That Wm. Oreenumod Master or Oommander of the Shallop Pegay Barthen 9 Tons Bound tor Barrington Having on Board Balkut and Btorea and Fishing Oeer Hath Bntered and Cleared at this His Majesty'* Guftom-Houfe In HaUifa'x aocerdinff to Law. Given under our Hand« and 8eal« of Office, this *th Day of April in the 20th Year of the BeiKu of our |9ov«relf{n Lord GEOBGB tbm Tkuio, Kiko or QsauLt BfatAss ftc Amoqve Domint 1780 [Short Olearaaoe.] Subsorlbed Is an illegible signature which might possibly stand for " I. Claypole, Gomp.,'' while on the other side is written the following,— " This is the paper referred to by Jacob Gurtia in his Deposition said to be annexed." Attest SaocH FamtAir, Just. Facia. ^'ji^^ M. State of Massaohtisetts Bay 2b tJu honourable the eouneil and Aoims of B^etentattves of said State in great and general Cfourt assembled. humbly shew Daxixl Wtvs of Falmouth, in the Oounty of Gumberland, Mariner, Natbam BockmAm, of said Falmouth, Teoman, David Ghamduw ft RnrBui Noblb, both of North-Yarmc~.itb in said Gounty, Yeomen, in answer to the petition of William Greenwood, That when the prisoners mentioned in his petition arrived at great Ohebeag Island in Gasco Bay In and with said Schooner by him called the flying fish, but by a Clearance found on board called the PegKy— tbev uniformly and repeatedly declared that thev had been long American prisoners in Hallifax Gaol, that at length thev dug out under the €kK>l ft about nine o'clock in the evening went down on a wharf with design to seize S6me vessel ft make their escape, that they accordingly found ft seized the above schooner by force against the will and without the consent of the two men they found on board ft compelled sd GteeB- wood to pilot them out and afterwards put him and the other man on shore. That they lived in different parts of the continent and wanted to get home and money to bear their expenses and therefore would be glad to sell the Vessel, whereupon your Memorialist deeming said Schooner to be a lawful prize, as much with a view to oblige the American prisonera as to benefit themselves, purchased said schooner, and took a power [of Attorney?] from them to Ubel ft get her condemned ; that they accordingly have libelled bet and the time of tnral, bv continuance, is on the 22d of June current :—Youi: Memorialists further Say they have good reason to think the account given by said (»ieenwood, that he voluntarily ondertook to bring away said prisoners, to oblige them at their request, ft that they afterwards rose ft took the vessel from him ungratefully and in breach of good faith, is ntttoly fals*, ft that they shall be able to make it appear so in a tryal in a maritime court, ft on tihe contrary t Uat •mis document Is a printed blank, the italicised words being written. w the Mid prlMMM Mlzad ft bronsht mwmj the Mid Mhooner by foro* with dMlgn to make • prize of her, u aforM'd. That tnia eppean highly probable from some thlnn oonfeMod by Mid Greenwood in hie Petition, he therein declaring that one of the men saTd he would kin or be killed— and that another of them came on board under pretence of Mlling a eblrt, both which plidnly ahow a deolgn of carrying her away by force. Your memorlalista further show that this Schooner ie the same which the said Greenwood purchased in this State by leave of the court, ft Under a pretence that he wonld go immedi- ately to Harrington ft bring up his family ft effects, he got a permit to carry down a quantity of Oorn, but Instead of returning agre«able to his permit, he tarried there all Winter ft in the Spring carried a Gargo of po»:.to«-s to Hallifaz. with which the enemy wm probably supplied ft from the clroumstano' of flsblng Oeer being found on board ft of bis naving a quantity of salt In a neighboring harbour which he wantc to take on board, it Is very probable he intended then to go on a fishing voyage instead of coming to this State, and ohly use his permit as a protecnon from American Privateers. Tour Memorialists further humbly conceive that they have such an Interest In Mid Schooner by said purobau, as entitles them to a tryal In a due courM of Law by a Jury whether said Capture wm lawful or not ft whether consequently said scboOner Is a lawful prize or not and humbly hope this honourable Court will not take any snoh order respecting the matter u will of Consequence deprive them of a regular and fair tryal in the proper Courts erected by the legislature for the determination of Causes of this nature, but that they will dlsmUs the said petition, your mnmorlallats readily consenting that Mid Oreen- wood may file his claim in the maritime court, at any time ft nave the Mme advantage by It u if it were filed in Mason. And your Memorialists m In duty bound shall ever pray fto [No date given] Natham Buoknam for himself and in behalf of sd Wtib ft Cbamouu ft NOBLS. In Council June 7, 1780— Bead ft Ordered— That Daniel Davis Eaqr, with such m the Hon'ble Qoum shall appoint, be a Committee to take into consideration the P<«tltlon of William Greenwood ft Answer thereto, hear the parties and report what may be proper to be done thereon. Sent down for Concurrence John Avuy, D. Soy. In the HouM of BepreMUtattVM, June 7, 1780. Bead ft Concurred ft Mr. ITlchols ft Genl. Parley are Joined. Natbl Oobham, Speaker pro. Tern. The Committee of both Houses on the Petition of William Greenwood, Beport by way of Besolve. State of MauaohUMtts Bay, June 8, 1780. on the petition of William Greenwood Setting fourth that Six men Came on board his Schooner flvlnc:>fish then Lying at a Wharf In Halifax Harbour ft after being Informed they were American Prisoners he agreed to Carry them where they could git a PMsage home or bring them hlmMlf and accordingly came to Sail and made the best of his way. that on their Passage the Mid Prisoners In a very ungrateful manner took his schooner from him ft after robbing him of his money and stripping of his Cloaths, Set him on Shore ft carried away said Schoonitr with everything on board ft afterward they arrived at Casoo Bay. And WbereM the Bald Schooner is since Libelled In the Maritime Court In the BMtern District of this State, and this Court on the third day of May iMt passed a Besolve empowering & direct- ing the Committees of the Counties of York, Cumberland or Lincoln to take the said Schooner Into their Custody ft by virtue of said Besolve Still hold her In their poueulon ft the Trial in the maritime Court Is continued to a future Day ft it appMrlng to this Court that the said William Greenwood by his kind and friendly treatment of a Number of Alnerloan Prisonen tor Mveral ymrs pHt hath proved hinuelf a uniform friend to this ft the ■;i 80 UnitMl BtatM ft the •dvene Party h»Ting bean (ally heard ft deilring the metter mey he tally determined by thle Ooart therefore roiolTed Thet the Persons who may hare the lame Veeael in their Gnetody deliver her to the tidd William Greenwood ft that no farther Prooeedlnge be had in the Maritime Oonrt on the Libel aforeeald, the eaid Greenwood filing in said Court on or before the Day appointed for the aforeeald Trial a Copy of thia Beiolve. In Oonncil Jane IStb, 1780. Bead ft Accepted Bent Down for Gonoarrence JoHM Atut, D. Sec. In the Hoaie of Bepreeentatives, Jane 18, 1780. Bead ft Gonoarred JOBM HAHOOOX, Spkr. Sir. iFSWioa, Taeaday Morn. The Btmtft of this, Mr. Greenwood, la a person who by his attachment to the Cause of the United States ft bis Generosity in private Life has I think merited the Assistance ft protection of every American. If ft shoald be In your power to assist him in recovering a vessel which he has lost yoa will without doubt be disposed to do it. Any kindness Shewn him will be considered as a favour to yr humble Servt JoMA. FuHBB. Gapt Mosis Bbowm. To theHonbh the Council A Hivi lus to the War removed from Salem to Gape ForfA . . where he hath ever since carrlad ou the flsheiy; and been Aocnvtomed to purchase tUe MippHes that were Necessary for his Business there, in this State with the Fish and Llior ArUoles brought from th • r^o ; whereby his Gounezions in Trade as well as his Frleuds hk.ve Always been, and are in Um State, but that by Means of the War, he hath met with great Ditfloulties In Obtaining Supplies for his Family and dependants— That he lately fitted out a small Vessel at Gape Forseu at his own Bxpense, tho' he had previously determined to come iu another for the purpose of bringing to Salem twelve Americans, who bad been taken Prisoners, and carried to Nova Scotia, and that he arrived with them at Salem the present Month— that under the Permission of your honors,* he brought with him a Quantity of Salt, which he has disposed of in thi^ State— Tour Petitioner presented a Petition to this Honble Genl Assembly towards the Close of their Last Sessions praying that he may have license to carry with him three Hogsheads of Bum, three Hogsheads of Molasses, one Hogshead of Sugar, and Sixty Bushells of Corn, which was granted & the Resolution sent up to the Honble Board who were pleased to Non-concur the same— if your honors should think the Quantity too large, he would submit it to your Honors Gonsideration to reduce the Quantity of said Articles and to be under any Restrictions that yonr honors should think just-he begs leave to assure your Honors that the Inhabitants of Gape Forsne are in great Friend- ship with the People of this State as he can fully prove and demonstrate to your Honors, and he desires this Indulgence with the only View of procuring Supplies for his Family and Dependants there. That he hath always been attached to the Interest of his Country and from Time to Time rendered every Service in his Power and consistent with his Safety— And in particular he hath often at great Bisque and Expence relieved, supplied and forwarded to this and the Neighboring States manv Americans, who have been Prisoners in Nova Scotia- Wherefore yonr Petitioner humbly solicits this Honorable Council to take the £ remises into their wise Consideration & to grant him Permission as Aforesaid. And as in >uty bound will ever pray Aic. BXMJAMIM BABMABD. Boston, May 8, 1780. Following is a list of the Americans returned to Massachusetts by Mr. Barnard. Messrs. Timothv Cutler Odin, John Wardell and Thomas Newoombe, of Boston: Capt. Samuel Dugard ana three of his crew, of Marblehead ; George Thompson and Bdward Bass, of Newbury ; Simon Bradstreet, of Portsmouth ; and a Mr. " Clemens " and two seamen belonging in Connecticut. *8ee permit granted Benj. Barnard Nov. 37, 1779, ante. 88 Sir: Salbh, May 8, 1780. Just on the Goart rising last Friday a resolve passed tbe House on the petition of Benjamin Barnard (praying (or liber^ to carry certain Articles to Yarmouth in Nova Scotia) if the resolve was concurred bv the Cfouncil you will oblige me as well as Mr. Barnard by furnishing him with a copy. I suppose such care was taken, to guard against imposition in wording tbe Resolve that no difficulty would take place ai tbe Board— when he applied to tbe Secretary's Office last Saturday he was left In doobt whether the resolve was negatived or not then finished. I am Sir, yoor Humble Servant, John PicKBBiMa. John Avery, Esq. On tbe following day (May 9, 1780) the Gonnoll granted Mr. Barnard's petition, allowing him to transport tbe supplies specified by talm to Yarmouth, and directing all commanders of armed vessels in the service of the State to allow him to pass unmolested.— lfa««. Archives, Fo;. 171, p. 162-4. May 24, 1780. Amsbl Cbosbt, of Yarmouth, petitions for leave to depart for his home in Nova Scotia and to carry with him, in the Shallop " Sally " 150 lbs sugar, 4 bbls cider, 40 bu. corn, 3 bbls rum, 1 bhd molasses, 100 lbs each of tobacco, rice and cotton wool, and 1 bbl pork. Granted same day.— Ifcus. Archives, Vol. 176, p. 387. May 24, 1780. Kebbmiah Patch, of Yarmouth, petitions the General Oonrt, setting forth that bavins received permission of the Court on Dec. 7th 1779 (q. v) to go to Nova Scotia and carry sundry articles with him, the vessel in which he sailed was obliged to leave them behind, and In her passage was wrecked at Cape Elizabeth, near the present Portland, Me. ; that he had returned to Boston, and now prays tbe permission of the Court to depart for his home and to carry the same articles with him as previously permitted, in a vessel he baa recently purchased, (the " Sally ") which petition was granted in Council on the same d»y,—Mass. Archives, Vol. 176, p. 389. State of Massachusetts Bay. To the Honorable the Council & the Honble tlie House of Representatives, in General Court Assembled. The Petition of Albxandeb Bain of Nova Scotia Humbly Sheweth, That being continually subject to the depredations of American Armed Vessels, he is Inclined to think he shall be more secure to remove with bis Family and Effects Into this State; he therefore prays that this Honourable Court will be pleased to grant him a permit to go to Nova Scotia, and r«turn with his Family and Effects into this State and he as in duty bound will pray any Time between the date hereof and the Fall. AL]tzA2n>BB Bain. Boston, May 30tb, 1780. In accordance with the Resolve of May 6, 1780, as printed at the beginning of this chapter this petition was refused. It is indorsed " Referred to the next session," but the petition was never acted upon further .—if(U«. Archives, Vol. 186, p. 196. Notwithstanding the refusal of this Court to grant Mr. Bain's petition, the next petitioner tor the same privileges was more fortunate, thus :— To the Honble the Council and Honhle House of Representatives, of the State oj Massachusetts Bay, in Oeneral Court assembled at Boston May 31, 1780. The Petition of David Pkabii, of Yarmouth, in the Province of Kova Sootia Humbly Sheweth, That your Petitioners late Father Timothy Pearl of Windham in the State of Connecticut deceased by his last Will left your petitioner, One Hundred Pounds of good and lawful money, hearing of which he left Nova Scotia to see about bis Affairs, and arrived in Salem about five weeks ago ; from thence he went to said Windham and Settled with the Executors to bis said late Fathers Will, of whom he received a small part & left the remainder in the hands of the Executor, Vizt his Brother Philip Pearl. And as your petitioner intended to return from Nova Scotia with all his other Effects and sottle in New England as soon as he can Settle his Business there, which he Supposes be sball be able to do in the Course of the ensuing Summer, if he can obtain the leave of this Hon'ble Court. Your petitioner therefore humbly prays your Honors would be pleased to grant him a permit to go to Yarmouth aforesaid to settle his Private Business there, and that he may be allowed to carry with him One Cask of Bum, one Cask of Molasses, one Cask of Sugar, and Sixteen or Eighteen Bushells of Com, which he has latoly purchased in Boston; And Your petitioner will Engage to bring up One hundred and Eighty weight of sood Beavnr, which sba'.l be devoted to the Board of War ; and as your patitiunnr is Informeathat the Officers of this State's Line in Camp are in great want of Hate, he flatters himself this Honbln Court will indulge him the Articles requested as that he may be enabled to get the Furs which he assures your Honors is already by him Engaged ; and that the necessaries petitioned for will about discbarge the residue of the Debt he has contracted for the Beaver & bear his other Family Expences ; Your petr being ready to give Bond that the Board of War shall have the said Quantity of Fur (which by sundry persons Intimations they are very desirous of pro- cnrlng) and any other articles of his own property they may want. 'Sour petitioner would beg leave to further Inform this Hon'ble Court, that his Family consiste of Six persons and that the Stores requested after paying his arrearages for the Fur will be but very little more than sufficient to Supply them up & himself down. And as In duty bound shall pray DavId Pbabi.. Boston, June 1, 1780. State of MassBchnsetts Bay. In the House of Representatives, June 7, 1780. On the Petition of David Pkakl, praying that he may have liberty to go to Yarmouth In Nova Scotia and carry certain effecte with him, and return with his family into this State, Resolved, That the prayer of the Petition be so far granted that the said David Pearl have liberty to go to Yarmouth aforesaid, and to carry with him Provision necessary for his Passage there and bring off his Family and Effects, to this State. And all armed Vessels of this State are required, and the armed Vessels of the United States of America are requested not to molest said David Pearl In going to and returning from Yarmouth aforesaid with his Family & Effecte. Sent up for Concurrence, Nath GtoRBAH, Spkr pro. Tem. In Council, Jane 7, 1780. Bead & Concurred, Mats. Archives, Vol. 228, p. 132-4. JoHH AvEBT, D. Scy. I am indebted to Mr. George S. Brown for the information that Mr. Pearl was a resident of Yarmouth in 1781, when his wife gave birth to a child. It Is very probable that Mr. Pearl removed, soon a'ter this event, to his old home in Connecticut. Whether the Board of War received the promised Beaver or not, does not appear. M CHAPTER XXI. To the Membert of (Ae Great and General Court of the State of the Mattachiuettt Bay holden at Boston, New England, ObNTIiBHKM, I having some time ago applied to your Honours in like Giroamstanoes, for redress ; and the human treatment then received encourages me to make application to yon now, for it is well known, and can be proved by inoontestible evidence, that as I have all along, so I still do retain my former Principals, I mean my good will towards, and my best Endeavors to screen, releave, and convey away out of Danger, such amerioans as have from time to time, at home, and elsewhere, oame to my knowledge, and whom I have served to the utmost of my Power, as far as Circumstances and my abilities would admit, and so far have I proceeded therein, as to Bisque the Loss of my ?roperty , Liberty, and even Life itself, for, I nave been confined a prisoner on board three of their Snips of war since I was last here Vizt Dossen, the Scarborough, and the Albany, and have been imprisoned in St. Johns and at Hallifaz, I was Imprisoned in the Provess among the Amerioans, they accounting me as one of tbem, and all for my Assisting distressed Amerioans. I shall here set down a few of the many I have by one way and means or other, to the utmost of my Power and abilities, assisted, since I was in any one of these States. Gapt. Edmond Lewis and numbers with him, Capt. John Golyer & his Grew, Gapt. Joseph Salter and his Grew, Gapt. Thomas Steaven all of Marblehead, Gapt. Parker of Machias, Gapt. Willis and his Grew and many others I never saw before, and wish I never may again in like wretohed Giroumsta^pes. Nor have I ever purchased any Provisions of any kind whatever, to carry out of anv one of these States not even for my ewn Gonsumption, and I let one Parker & Gapt, Blngeaon have Eighty Dollars at Bagaduce.* And if any Man on this Gontinent will appear, and prove that I have been inimical to these States, or have injured any one individual thereto belonging, I will suffer the loss of all I have, and of your favour, Nay even of my Life, but I can bring many to prove the Gonv.rary— As I was off of Mt. Desert being bound home in a small Vessel of about Eighteen Tons, having on board Four Thousand and \ of Boards, One Barril of Flourjone hundred wt Pork, and Two bushels Gorn, all my own Property ; I fell in with Gapt. westing, who being in want, I let have near half of my Provisions, and then he discnarged me. soon after two whale Boats came up with me, One being Gapt. Gornelius Thompson of Salem, and Gapt. Sanders of Gape Ann, who being deaf to all I said to them in Relation to my Friendly deportment towards America, and the favours I had received from your honors, detain'd me, and my Property, and also took from me what money I had, and have bro't me here, trusting and confiding in your goodness, and knowing your detestation of such inhumanity, your Petitioner once more lays himself at your Feet humbly praying your honours ajnin to undertake for him, and Grant him bis Liberty and Property restored to him and U it be consistent with your Judgement to gre8ent Cruel War done all in his power to Aid and Assist the American Cause, by Re- levlng & Assisting American Prisoners taken by the British Forces and brought into Nova Scotia. That he has at Sundry times released American Prisoners from their Captivity and brought them to this State for which he has Several times been called to Account s Suffered, besides which your petitioner's Son Josiah has actually been in the Service of this State for some time past, for all which your petr humbly conceives this Honble Court will be dis- posed to grant him some indulgencies.— And as he is about going down to Yarmouth and wants with the leave of this Honble Court to carry with him about Thirty bnshels of Grain, a Small Quantity of Bum Sugar and Molasses about Two hundred weight of Tobacco a tew barrels of Cyder and some Provisions Tour rietitloner therefore humbly prays your Honors would be pleased to Grant him a Eermit to Export the Articles aforeaaid to said Yarmouth, in some Vessel bound there with iberty to return back into this State with all his Effects And as in Duty bound shall pray &c Josiah Fobtkb. Boston, June 3, 1780. Mr. Porter's petition was granted June 20, 1780. Mass. Archives, Vol. 228, p. 345^. The next document to be reproduced in this series is one which was undoubtedly of the most vital importance to our people, who must have received the news of its enactment with 8e great satisfaction. It is yery evident that it was framed in their behalf, and its promnlga- tion by the Great and General Ooort of Massaohnsetts reflects credit upon that body. There certainly was need of snch legislation. Many of the privateers from the New England ports infesting the provincial shores, emboldened by their sncoessf al warfare npon an unresisting, defenseless people, contrary to all the laws of men and nations, and in violation of every principle of hamanity, justice and right, had aroused the indignation of the real patriots of Massachusetts by their continued outrageous and atrocious conduct, which brought upon their cause the stigma of shame and dishonor. Hence the following resolve was passed by both Houses. Its enactment was but one step in the right direction, however, for it does not appear to have been very effectually enforced. State of Massachusetts Bay In the House of Bepresentatives, June 22, 1780. Whereas it appears to this Court that Several small privateers have committed many Bobberies above high water mark, on the Inhabitants of Nova Scotia,— Therefore,— Besolved, That this Court do highly disapprove the Conduct of any persons belongina to, and Commissioned from, this State, in the Dusiness of privateering who have committed any snch Bobberies aforesaid. And also Besolved, That when any Commissions shall be given out in future to small armed Vessels, they give good & auffioient Bonds for the purpose of preventing such evils again taking place. Sent up for Concurrence John Hancock, Spkr. In Council, June 22, 1780, Bead & Concurred JoBN Avert, D. Soy. Mass. Archives, Vol. 228, p. 391-2 ; Acts and Resolves of Mass. 1780, Chap. eiii. ; Court Records, June 22, 1780. 87 CHAPTER XXII. The petition of Ampbi. Crosby to the Honble Council Humbly Sheweth— that he has returned from Cape ursue in Nova Scotia in a small Boat of fifteen tons, laden with dry fish, and that he earnestly implores the Honble Board to grant him permission to transport a few bushells of Corn to said place for the maintenance of his family and the friends of America resident there;— he also assures the Board that his motives are friendly to America;— that he contributed all in his power to promote her felicity, and doubts not that his indi({ence will plead powerfully in his favour towards an indulKenoe : and as in duty bound be will ever pray Amsel Cbosbt. State of Massachusetts Bay, Council Chamber, Aug. 8, 1780. Read & Ordered that Ansel Crosby be and hereby is permitted to transport in a small Boat of about fifteen Tons, twenty five Bushls of Corn, 2 Bla of Rum, 2 Do Tobacco, 1 Do Sugar, 1 Do Molasses, one hundred of Rice, from Boston to Cape persue in the Province of Nova Sr "itia, and the Naval Officer for the Port of Boston is hereby directed to grant the Necessary Papers.— And All Commanders of Armed Vessels and others belonging to any of the United States are requested to permit the Said Vessel to ptua unmolested to Cape persue with the Said Articles on Board— This permit not to be in force longer than forty Days from the date hereof. Attest Jno. Avbbt, Dy. Scy. Mass. Archives, Vol. 176, p. 609. To the Honble Council of the Massachusetts State. GBNTT.BHBN : Humbly sheweth the petition of Stephen Eldbidob That he having the strongest attach- ment to the Country which gave him birth, and Peling A. Friendly Disposition towards his Countrvmen Hath in many Instances been helpful To prisoners when in distress & hath himself Convey'd Numbers to their Respective homes In this State which can be made to Appear : Upon which Account your humble Petitioner Would pray for Liberty to Trans- port To Cape Forchue two Hds Tobacco one Barrel Rum and one Barrel Sugar. Stbfhbn Eldeedgb. State of Masachusetts Bay, Council Chamber, Aug. 8, 1780. Read & Ordered that Stephen Eldridge be & hereby is permitted to transport two Hhds of Tobacco, One Barrel of Rum and one Barrel of Sugar in a small Boat from Boston to Cape pursue in the Province of Nova Scotia, etc. eto—Mass. Archives, Vol. 176. To the honble Council of the State of Massachusetts Bay. Fbbbhan Qabdnbb most respectfully sheweth— That till a few years since, he was an inhabitant of these States and was born and bred in these parts, and from family connections & local circumstances has always been firmly attached to his native country, and, tho' an 88 ezpeotatioii of suooeuf al business called blm to yora Sootla, yet there, dnrinff the present war, he has exhibited many friendly dispositions & actions to the American cause: 8t notorious is it to many inhabitants of the Town of Boston that your petitioner, the last winter, was so far active as that he took upon his protection the commander & crew of an American Schooner that was cast on shore at Cape Sable, & provided tbem with the necessaries of life durins a rigorous season & bro't tbem in the sprins, in bis own sloop to Portsmouth. In seneral your petitioner has been known to exert nimself during bis resi- dence at Gape Sable. Having been there reduced by means of the present War be nas been encouraged by a consciousness of his being well known to many persons here, to bring up in a small Shallop a few dumb fish ; that wiu> them he might procure a few articles of con- venience. he prays that he may accordingly dispose of them, purchase some West India Gommodoties and be permitted to return with them to Gape Sable Ab in Duty will ever pray Fbbbhah Oabdhbb. N. B.— The articles the petitioner would purchase, are the following 10 bushels Com, 3 barrels Tobacco, 2 do Rnm, 1 do Molasses. 1 do Shugar. This certifies I have every reason to to believe what is couched in the within petition. I am knowing to the petitioner's having bro't the prisoners he there mentions to Ports- mouth, & other exhibitions of his friendship to us. JOSIAH BOBBBTS. Mr. Gardner's petition was granted in Gouncil Aug. 9, TlSO—Mass, Archives, Vol. 176, p. 616. Aug. 10, 1780— David Wood, " a resident of Yarmouth in Kova Scotia, a place well known to be attached to this Country and its Cause," petitions for leave to sell a quantity of fish and to transport the proceeds invested in supplies to his home. Granted in Gouncil Aug. 11, 1780. Mass, Archives, Vol, 176, p. 635. State of Massachusetts Bay. To the Honble Council of Said State, sitting in Boston Aug'st 1780. The Petition of Jean Baptists D'Abadib, a Subject of his most Christian Majesty* & now holding a Commission under the Congress of the United States, in behalf of Solohon BiDEB of Yarmouth in Nova Scotia, Mariner, humbly shews That the said Solomon Rider is an inhabitant of Yarmouth, about sixty leagues to the Westward of Halifax, that from the commencement of the War with Great Britain, he has by a uniform conduct, manifested a friendly disposition to the Cause of the United States of America, & his situation with bis inclinations, has given him the Oppertunity of repeating essential services to the American and French Prisoners that have at different Periods been in captivity at Halifax & other parts of Nova Scotia. At the risque of his life & the means of his subsistence, the said Solomon, bath repeatedly harboured, concealed, aided in the escape of, & brought into some port within this State, both French & American Prisoners, who have been fortunate enough to have made their escape from the Prisons in Halifax, 8e in their flight have thrown themselves into his house for shelter. Owing to their pressing solicitations & assurances, he has kept for that purpose a small Shallop named the Sea- flower, 8s which for that pnrp«a« ha hu employed tonr different ttmee being exposed to capture not only to the BritlBn Cruizers, but the Amertoan alio.— In Janoary s June. 1777| In January 1778 St about ten or twenty days ilnoe the aald Solomon landed tour different parcels of Prisoners, a schedule of which can be prodnc«d to your Honors, and common Sratitnde, Joined to the feellncpi of your Petitioner, induoo ma to menUon, that the said olomon, hearing of my unhappy situation, by a well oonct»rted scheme, exposing his own life, entered in a small boat, in the night into the Harbour of Halifax, & carried me clan- destinely to his habitation at Yarmouth, ft from thence brought me into your State after having been the object of their peculiar resentment for eleven months Si repeatedly declared onexchangeable. The said Solomon being noted for his Conduct by the enemy, 8c once in particular accused, hath not chose for somu time past to be s««n in their publick towns, & relying upon his friendly conduct towards America ft upon the assurances of the Prisoners he has ventured at the several times mentioned to bring with him a small quantity of train oil to the amount of ten or fifteen pounds in value, it being the produce of his own labours, to exchange for provision for the consumption & Support of bis family. — Having been once boarded by an American Privateer ft smpped ot evory Article on board, the said Solomon was discouraged from making another trial, but your Petitioner's earnest [desire] to arrive among his friends ft not doubling but your Honors would immediately interpose wher«< essenual services are rendered, ventured to request the said Solomon to aid ft assist him in oompleating his escape from the enemy and promised the said Solomon his protection.— The said Solomon having this time brought with nim about forty Quintals of Fish, forty gallons of liver oil ft about thirty five buohels of salt, your Petitioner cannot but intercede and earnestly pray your Honors, if consistent with the safety of the States, that the said Solomon, may be allowed to exchange the same & have a permit granted to carry In return for t'ue consumption of his own family about twenty or thirty bushels of Corn, and the remainder in West India produce ft should an Oppertunity for his services again offer in the same line, is an inducement for the continuation of ft as a reward for the same meritorious Conduct, that he may be also permitted to bring with him free from molestation the same private adventure ft to convert it to the same purposes And as in duty bound shall ever pray fto D'Abadu. The schedule of returned prisoners referred to by Capt. D'Abadie in his petition is as follows,— These may Ce tifle all whom it may concern That Capt. Solomon Rider. Master of the Shallop Seaflower belonging to Yarmouth in Nova Scotia tootc on board his Vessel the following American Prisoners and landed them in New England, Viz : on January 12; 1777 Landed Capt Boss at Falmouth* in the State of Massachusetts Bay, he belonged to Cape porpusf (signed) Jajob Boss. Ditto Capt. Ooodhue of Newbury Port where he was landed. Ditto Capt. McClannan of Falmouth* where he was landed. Ditto Capt. Johnson, of New London, landed him at Newburyport. Ditto Capt. Sowards of Portsmouth, landed him at Falmouth All the above Prisoners except Capt Johnson were taken by the Milford off Georges Banks. That in June 1777 said Rider Landed the following American Prisoners as follows Vizt. Oapt Samuel Bapeon belonging to Cape Ann. Landed him at PiscataquaS who was someltime past on Board the Guard Ship in England, and from thence came to uaufax having obtained his Discharge.— At the same time Landed three Frenchmen who made their escape from the Blond Frigate— and who the said Rider kept concealed in his House for five weeks, at his own Expense. That on the 8d day of January 1778 Said Rider Landed the following American Prisoners Vizt. Mr. Brehton belonging to Providence and his son with their effects— Also Capt. *1be King of rnnoe— (Bee page 88.) •Now Portland, Me. fKennebnnkport, Me. (Fortsmontta, N. H. 00 Warner of ProTidenoe who took panagA with Oapt. Anderaon from MsrtlnMO boand for Boston & put into Liverpool in diHtress under Jury Masta, and landed them all at Pisoataqua Also Gapt. Barker of Marblehead. Also one Freeman bnlonffiDg to Cohasaet who Swam away from the Reaaonable Man of War and landed him & said Bark*«r at Portsmouth in Pisoataqua And I do further Certify that if Gapt Rider had not not taken the above Prisoners on board his Vessel it is probable they must remained Prisoners much Longer. In Onuncil Aug 11, 1780. Read Sc Committed to William this Petition 8c report what may be proper to be done thereon. Whiting, Bsqr to consider John Atbbt D. Scy. State of Massachusetts Bay, Council Chamber Aug. 11, 1780. The Committee Appointed to take the foregoing Petition Into Consideration has attend- ed to that Service and begs Leave to Report thereon as Follows (Viz.) That the Said Solomon have Liberty to Exchange the Several Articles he has Imported into this Stftte, in In the Manner Prayed for la sd Petition, or otherwise to Sell and Dispose of the mi Imported articles and to purchase the Several Articles Mentioned for the use of Lis family. And that he be permitted to Export the Same to Yarmouth Agreeable to the prayer of Said Petition. In conformity with this report the Council, on the same day, passed an order granting Capt. Greenwood permission to purchase with the proceeds of his fish, oil and salt, the corn and West India goods specified in Mons. D'Abadie's petition. " John Battkst (Jean Rapxistb) Dabadib, Captain, Col. John Allan's Reg't ; entered Service Feb. 24, 1779 ; service to Aug. 24, 1780, 18 mos. ; roll made up for wagns and rations for tlie time of service at Machias and whiln a prisoner with the enemy."— 3/a««. Soldiers and Sailors in the War of the RevoUiion, Vol. IV., p. 346. See also Ma^t. Muster and Pay Rolls, F(»M37,p. 147. State of Massachusetts Bay. To the Honble Council of said State, sitting in Boston, August 1780. The Petition of Solomon Rtdbb, an inhabitant of Yarmouth, in Nova Scotia, Mariner, humbly shews— That your Petitioner is unfortunately situated with his Property, in the Town of Tar- month, in Nova Scotia, in the possession of the British Government. That since the com- mencement of the War, be has thro' the solicitations of American Prisoners at several periods made four voyages from Yarmouth into some port in this State, & landed, after having harboured, concealed & effected th^ir escape, in the course of that time, upwards of thirty, a schediiule of which persons is now lod,{ea in the ofiice of your Honors secretary, which he is ready to attest to in part, & to prove the remainder by the persons themselves,— This line of conduct in your Petitioner has readered him in a peculiar manner obnoxious to the British government, &, in consequence of repeated threats, & accusations against him, he has been for some time past, fearful of being seen in their towns.— This being the situation of your Petitioner, he is by such conduct, which, he has still persevered in, notwithstanding such menaces & threats, entirely cut off from the opportunity of disposing of the small quantity of fisli & oil which your petitioner is obliged to catch & make, forliis subsistence tbis year,— & unless allowed the liberty of brinj^ng it to this Market for sale,' he must inevitably starve. Capt. Dabadie, whose escape he has lately effected, can >wi.ost & explain to your Honors the situation of your Petitioner at Yarmouth. & his charac.ar which has now become noted with the enemy, & convince your Honors that the services rendered & which his situation puts in his power to render, will prevent any abuse of the liberty which might be granted. Your Petitioner having now upon his hands a small quantity of fish & oil in Yarmouth, he prays your Honors, that, as he is not in a situation to ask favors of the opposite side, he may l>e indulged by your Honors with the liberty of retoming to this State, & bringing with 'immKI i.it- a 01 JS^^To!?.Tu?K°Stt'„^^^^^ ^^ ^» *y ^^ ^- -Id Y«moath. for th. And as in duty boand shall ever pray M(u». Archivet, Vol. 176, p. 662. Solomon Bidrb. w« ™?l.^i"\!''!J***i"? was received by the Council Aug. 14. 1780, and on the same day it ZZl^f V, ** ^^^ ^e.*"* °°°- ^""*'" ^"**'»« '«' ^^ investigation. Mr. Whiting reported favorably, upon which the Council passed the following resolve •- Ride'^ SSitet^*f V'a^ouWn^Ko^riWa SSfh I'yTlkro^Stf ^^ thTsnoWTaS Attest I unmolested JoHw Avert, D. Scy. 1 • '1 'is '^1 oa OHAPTBB XXin. To the HcnbU the Couneil ttf the 8UUe ttf Maeiaohxuetu Bay. Bnmbly Shews That jova Petlttoner hu Gonstant and from principle Aided and done all in hia Power t* Support the American Oanse. That he haa often and fraqoently received and entertained a number of American Friaonen at his own Expense, and at the Hazard of his Life brought off one that had made his iEscape from Halifax Oaol, and others that made their Escape from different Oonflne* ments, and gave some & procured others a passage homci as will appear by the Oerttflcates herewith exhibited. That your petitioner is now abont returning to St. Mary's in order to Settle and receive a debt dne there from John Hall to his Brother Joseph Hall, and to settle some affairs of bis own, if he can Obtain a permit from your Honors to take passage with Capt. Solomon Rider in the Boat Seaflower with liberty to carry with him a small quantity of West India Goods which he had purchased with Thirty Quintals Fish & Four Bis Oyl that he brought up. Your Petiuoner therefore humbly prays your Honors would be pleased to Grant him a permit to take passage with Oapt. Rider a carry with him a small quantity of West India Goods as aforesaid, with Liberty to return again. And as in duty bound shall pray &c. Pbtbb Dousnr. Boston, Ang. 11, 1780. PoBTSHOCTB, May the 27th, 1777. These may Certifle that I the Subscriber was taken last Summer by the Viper belonging to the King and was put on board of the Soarbary*— Where I was much Confined, after Six nontlis I made my Ascaipe with three more belonging to Gasco Bay And Philadelphia and on our Arrival in St. Mary's Bay in the Province of Nova Scotia, happily fell in with Peter Dousett, and he kindly entertained us and went to the Expence and trouble of bringing us to Maohias. this I am Beady to testifle to Any Day. -^-^ John Battsom. *ScarboKragb. Att St. Mabt's Bat, August 1776. This is to Uartifle that Mr. Wm. Shey, Capt. Hardie Both of Philadelphia at ther arrivell at this Place from Halifax and one poor man from Oambreoh* that made his Escape from the Vulture Sloop ef War fell in with the Subscriber who Carried them and Landed them at Mount Desart according to their Desire. Pbtbb Dousbit. •Oambridge(?) The following declaration is included among the papers exhibited by Oapt. Dousett, although its bearing upon the matter is not explained. Perhaps the "Boat ' Betsey'" mentioned in it was the schooner of the same name known to have been the Property of Oapt. Dousett: I, Jonathan Inobbsoll, late Commander of the Armed Sloop of War the Packet Do hereby Certify Sc Peolare that my said Sloop of War being drove on Shore at Nova Scotia on "r^ • plM« called SiMTOot ^JJ two of tbe Kins of Ore«t Britain's Anned Venslla, I with mjr men being Safely on Land Compelled MonBlenni Jere, Oravoy ft Robert Morrill in tbe Boat Beteey to bring tu from said SImto to Ipawiob in tbe State of Maaaaobuietta Bay ; tberefore tbere oagbt to oe no advantage taken bv Means of said Men on Boat's being found wltbin the state of Massaohiiaetta Bay or from their home. JONATHAM INQUMOLIi. Ipawiob, July Ist, 1778. Basez 8. S. Ipswich, Jaly 1, 1778. Oapt. Jonathan Ingersoll personally appeared ft made Oath that tbe above Declaration Istme. Before me John Bakbk Js. Peaoe. This may Certifle that I the Sobscriber had a 'Prentice Lad named Richard Harper, bonnd to the West Indies, taken by tbe Viper, ft carried to Halifax from whence he madtt his Bsoape, with four more in Company, and got to St. Mary's Bay in that Government, & there happily fell in with Peter Oouset of said place, who kindly entertained them ft was at the Expense ft trouble of brinsing them across and landins them at Passamaquoddy from which place they got to this, wuich account was given by said Richard Harper, on his getting here. David Oabdmbb. Maobias, July 8, 1778. Witness Pbtbb Fetch, Jb. This may certify that I the Subscriber was a cruising upon the Coast of Nova Scotia and (alliug in with an Bnglish Cruiser was drove on Shore in St. Mary's Bav, where he fell in with Peter Doucet and his Father ft Brother, who reoeived us very kindly and provided a Passage for us home to Ipswich in New England. Ipswich, July 23, 1778. Damihi. Nbwbiam. Capt. Donsett's petition was referred by the Council to the Hon. William Whiting for his investigation and report thereon. Mr. Whiting reported favorably on the 16th of August, and that same day the Council passed an order granting to Capt Dousett permission t4i purchase and export to St. Mary's Bay ISO gallons of rum, 300 lbs. o sugar cind one cask of tobacco ; also permitting him to return again to Massachusetts. In order to substantiate his reference in his petition to the indebtedness of John Hall to his brother Joseph, Capt. Dousett included tbe following interesting papers in his exhibit, although it is quite evident he was also desirous of proving Mr. Hall's active sympathies with the colonists in their war for indepeudenue. A True Copy of my orders to my Son John Hall Junr Commanding a Small Schooner bound to Hallefax with Syder & Boots* from Annapolis March 25, 1777. you are to proseed to Hallefax as Soon as possebel and Make Sail of your ('arene to tbe Best advantage and to Remit all the money you Collect to John Fillis Esqr. & Andrew Wollas and to give them the Befusall of anything in your Cargue they SUall want and keeji tm account of it as you Seel to other peopel. But you must Reserve a Nufe to Git Duck for Sails and Sum other Necessaries in sum memorandums and then take in frate for Annapolis and make all the Diepatoh posebl and keeps Good Account of all you Seel & Deliver & take tSissabon, i. e. Weymouth. *" Roots "—i . e. potatoes. m In— and to Retnrn m aoon aa poaaebl to Annapolis : ing In your Toige. Yr Father John Hall Poaorlpt— Ton arc to give the American prtaonen at Hallefaz 20 or 30 Bushel of purtatos at your Arrival Tbare aa 1 b«ar they are Kept Vary, Vary Short, Yr Fathr« J. Hall's ordera Oranville, Mar. 25, 1777. So I wiah yon a good time and a Bleis- A Memmorandoni o( thlnga Given to American Prisoners which ware in Distress on my Voige to Halifax in march & April 1777. Gave one Mr. David Lumhxr Belontiing to Barnstable, Cape God & three men Which ware Prlsonera un Board the milfnrd wbloh ((ot away from ber wlien She Drove the Caiibot Brig A Shoar at Oappersu : two Pounds BiKht SbillluKtt Uallefax Curinoy in money ft Buy them a Boat to Get bome in also Poark and Beat and Rates for therteen or fourtee'j Days Provitions— also Gave about thirty Bushels of Potatoes Si one Pound Eight Shilliugs and four-pence in mone to the Prisoners that ware a Suffering on Board the PrisoaUhips at Halifax Which Oapt. Sampson Capt of the Independent Brig and Capt. Hatch wiiich was ther as Prisoner : Can Attest to Witness my hand John Hall, Junr The American prlsoners-of-war confined on board of the British gnard-ships in the harbor at Halifax were crowded into such close and unsanitary quarters as to easily become prey to that dread scourge, small-pox Capt. Hall, not wisbiog to risk contagion, did not carry his donation of provisions on board in person, but employed Oapt. Zachariah Foot, of Yarmouth, who was then at Halifax, and who evidently was immune, to act in his stead. Halifax, May 10, 1777. This may Gertifle Whom it may Concern that the Subscriber then received of John Hall Jnnr Son to John Hall Esqr of Oranville Thirty Bushels of purtatos whttoh was his orders to his son to carry on board the Guardships with prisioners in this harlMur & Delivered the Same to Capt. Sampson & Capt. Hatoh the Same to Be Distributed among the Same as witness my hand Zachabias Foot. I carried the came, aa mr halls son bad not the amall pox. Db. 1 Brothkb These Lines Comes From nie Leaveing me and all my familv In a good measure of helth — and prity Good CurcomStHUces Cousiddering the Mallencoliy Confused times of the preasant Day. I Desier to Tbauk a good and gracious God for my helth and all other lavours^'and pray God that the Confused State of the Nation and America mite he brot to an end which may termenato for his Glory, the Good of America and the Nation. I hope these Lines will find you & Sister and all yr family in good helth & Cnrcum- stands and Especially our Aged Honoured Mother, i Long to see you all once more but when that will be i Dont know. But i Should be vary Glad if providence would open a Door for It : tor i have been a great Sufferer Within this Three Years by the Americans^ Especially by the Stilled [styled] Col*l Eddy and his party at Cumberland=Wbo take a Schooner of mine with a Cargue of 300£ & odd pounds this Currency and imbaseled (em- bezzled) the Cargue amongst the party at Cumberland— Detained the Vessell and people abought a month which was 500£ more Damage to me, as I had another Cargue Beady for a nother Voige a parrishing. This was Dun in November 1776 at Cumberland Nova Scotia. i understand he and uis party and under officers are in New England : also am informed r II ■ that he had no ordeis to Do aa he did=^whloh waa haite-full to America and thatr Coie [cause] to a grate Degree and manv poor womauR & Children at Gnmherland : for tbair proH«eeen of Sum advH' '•■!': but as i did it out of humanity and never Expected any Reward So 1 Did not, tilt . Late Think of any such thing: if 1 had Could produce as many as Sum Others have Dun. 'itiare wan a Mr DeHhase a Gentleman of phalldelphla and one Mr HardHU of Connecticut who 1 kt^pt Sum Days and aHsisted thnm Douu our Prisons [7] in the first of the Disturbances, also old Mr Sanborn of MachlouH [Machias] who was taken by the Viper Ship of Warr and brut in hear who i kept abougbt three weeks till he had an Onpertunity to git away: and Some others who i Dont Recoiled thare names: but 1 Suppose all 1 have Dun in Cash and provision and other things would amount to 15 or 20 pounds Currency : and as long as 1 am alml to hein any onest PrtHoners in Distress I Shall Continue to Do it although i am Served worse than 1 have bin and never have any Reward : i have Sent Sum papers for you to peruse and you will Judge weather thay will Do any Servise or know=Remember me to all my Good Friends also to Henry & Moses & Aaron, If with you. I received Aarons Letter and yr Bill which 1 was Glad of and if you Could Send the other I Should be glad. My Wife Sent a Letter the other Day by a prisoner whom She Gave a Shirt and a Jacklt & 1 Dollar Sum Meet & Bread Which Is all at preasant from Your Lovelng Brother till Death John Kbazab Hall. Deo. 12, 1778. To Joseph Brooks Hall FoBoript I Should write more fuller but we are tong tied But I hope It wont always be So. I Think you mite Clalm'd the vessel and Cargue as 1 owed you and helped yrselfe and me too— for i understand many amonng you do— i had a passel [parcel] mu9e SKin taken In the Charming Sally also a bbl Rum in the Ship Argile. Mass. Archives, Vol. 176, pp. 661-668. '^1 X". 06 CHAPTER XXIV. To the Eonoble the Council of the State of Massachusetts Bay. The Petition of William Gbbemwood humbly sheweth That he has brought up from Barrington in the Goverament of Notu Scotia 60 Quintals of God Fish which he prays Your Honors he may have liberty to exchange for Corn Bye S^ar Molasses & Rum to supply eleven Families there who have an equal share in the Fish with himself, & whose distresses for want of provisions are great. He also prays Your Honors protection from the rapacious practices of the little Privateers who infest that Shore on his return there, which he prays Your Honors to permit. And as in duty bound will ever pray. Will'm Gbkbnwood. Jon« Prince of Manchester & Wm Smith of Cape Anne Prisoners on Parole have been brought up by yr Peti- tlv^.^er free of Expence. Statb of MASSACHasBTTS Bat, Aug 12, 1780. On the Petition of Wm Greenwood praying for reasons set forth in his Petition that he may have liberty to exchange the Amount of 60 Quintals of God Fish for Corn, Bye, Molasses Rum & Sugar & return to Nova Scotia with the protection of this Board from the Armed Vessels : Ordered that the prayer of the Petition be so far granted, that the sd Wm Greenwood be & hereby is permitted to purchase Fourty bushels of Corn, twenty bushels of Bye, 1 Tierce of Molasses 1 barrell of Rum and one Barrel of Sugar, provided he gives Bonds to the Naval Officer of the Port of Boston, in the sum of two thousand pounds that [he] will take nothing more on board his Vessel than the aforesaid articles And Whereas it appears to this Board that the said Greenwood has been friendly to this State in the relief of Prisoners, Therefore it is hereby recommended to all Commanders of Armed Vessels belonging to the United States and requested of those of our Illustrious Ally the Kiug of Frauce, and All Commanders of Armed vessels & others belonging to this State are commanded not to molest or impede said Greenwood on his return as aforesaid, but to afford him any aid & assistance in their power. Attest John Avbbt, D. Scy. The foregoing petition and order-in-Council are in the handwriting of the Hon. John Pitts, whose deep hatred for the petty privateersmen plundering our people is evident in the language he uses. To the honorable Council of the Massachusetts State, Gbntlemen The Pet.don of John Trask humbly sheweth That he has for many years been an In- habitant of Cape Forchu in Nova Scotia, a place well known to be attached to this Country and its Cause. And although he is conscious he has a disposition to relieve and help his Countrymen which he is ready to manifest as occasion may require, yet he has been treated as an eflemy by a Privateer Boat of which William James was Master. Oapt. James took from him a small Boat of about 8 Teas with nine hogsheads of Salt wbich was all he bad to depend upon to get a subsistence for hii family, upon application made to the Owners, Master & Men they have delivered up the Boat. Your humble Petitioner would beg the favour of induldence of a permit to pass to Cape Porchu & carry with him two barrels of Rum, two Barrels of Tobacco, two Barrels of Sugar, & twenty Bushels of Grain or such quantity as shall be thought proper And As in duty Bound your humble Petitioner shall ever pray John Tbask. Provisions of all kinds were scarce in Boston during the autumn of 1780, and the Council found it necessary to refuse many applications similar to the foregoing, from our people. Hence the following:— Statb of Masb'tts Bay. Council Chamber, Aug. 14, 1780. Read & Ordered— That the Prayer of this Petition be so far granted that John Trask be and hereby is permitted to pass from this State to Cape pursue in Nova Scotia and not to carry with him goods of any kind nor any more Provisions than shall be sufficient for his Voyage there Attest .r A I.- rr , -^n /.o» JoHN A VEST, D. Scy. Mast. Archives, Vol. 176, p. 630. ' CHAFTSB XXV. lb the Bmble Council of the State of Mast'tta Bay. Th» Fetttlon of »iHwnAH Paxov of 0»pa Vnnt BmbMj Bh«watli, That your Petitioner bath always manifested ever since the Oonuoenoe of Hostilities an invariable attaohment to the cause of this country of which he was once an inhabitant, St has fraqaently relieved the distresses of his Countrymen & in Gonseqnenoes of which your Honors have permitted him to return with some Indulgenoss. Your Petitioner has been put to considerable oharn lately by being Uaptured as he was conUng frona Qagejprsue with a nnmbw of Prisoneni out upon applio^on to the Owners of resMi tnn^ deuveied up the small Beat, and he now solicits your Honors' permission to Pjuw V> «oy» RoQtia ft carry with him two barrel* of Flour, two barrels of Bum, ten bushels of Com & one barrel of Tobacco, for the relief of a very distressed Family— your Petitioner was rather unfortunate in the loss of a Oertlflcate which the prisoners gave him at Newbury, when he stopped at his father's at Ipswich ; but the names of said men he can furnish your Honors with, if -hey shall be required. And as in Duty bound will pn^ Sao. 'SmaaoAB. Patch. JfoM. Archives, Vol. 176, p. 6M. Stats of Mass'tts Bat : Council Chamber, Aug. 16, 1780. Bead & Ordered— That the Prayer of this Petition be so far sranted that Nehemlah Patch be and hereby is permitted to pass from this State to Yarmouth In Nova Scotia, and not to carry with him Goods of any kind nor any more Provisions than shall be sufficient for his Voyage there. Attest, Jmo. Avbbt, Dep. Soy. To the Honble Council de Uouole II\mie of Representatives of ye State of Maaaachusettt Bay. The Petition of David Gobnino of Yarmouth, Cape pursue, Humbly Shews, that your petitioner was born and brought up in Beverly, in your State, but removed to this State a few years before the present war, and tho' be has been Seeking Ever Sence Said war Commenced, has not found an opportunity to Return with his Effects, without Sacreflclng Great part of his property. But la Striving for Such an Oppor- tunity. However I Venture to Say that your Honors must be Sinoeble that I have done all that Is In my Power to prove My Slncear attachment to the Liberties of my Native State. I Constantly Beleaved and Brot up AmmHrrlcan prisoners whenever I found them, & some- times at ye Bisque of Liberty, and have Constantly Brot or Sent all my Earnings to your State. The Truth of These Things your Honors will see by Referrlos to your Beoords of years Back. Your Petitioner has now on band about one hundred & Eighty Quintals of nsh which he Is Desirous to Bring to your State to dispose of there, to discharge a few Debts. Therefore your petitioner Humbly prays your Honors to Grant him a permitt to Come to this State in a Small Schooner, with one hundred & Eighty Quintals of Dry fish on Board for the purpose aforesd and as In Duty Bound will Fray David CoBNiMa. Yarmouth, Gape persue, Aug 25, 1780. Mass, Archives, Vol. 129, p. 123. Capt. Coming's petition, which Is In his own handwriting, was granted In Council Sept. 22, 1780. Bept. 6, 1T80. Tbomas 1'uht, of Tumooth, pe4t|oiM the Ooapoil for pwioiMion to Import into the Stoto q| l(MWohtvi«ttoi in the Schooner " Hannah," a quantity of lalt fish. ▲ pennit wtip iaaned to him 8«pt. 8, 1190.— Mast. Archivu, Vol. 177, p. 65. Sept. 7, 1780. 7^t.^m^^^1k^ Foot, of Tarmonth, in a petition to the Oonnoil, atatee that he has recently artived in a sinaU hoat at Salem, bringing with him aeven escaped American prisoners and a small quantity of fish. He desires permission to dispose of his flsh and with the proceeds purchase some provisions ; also for a permit to return home free from molesta* tlon. His petition was granted on the 8th. It was accompanied by the following lettor : LiTSBFOOii, Aug. 16, 1780. Gatt Foot Sir— We have sent by Mr. Stephen Smith seven men that was taken and broat into this Place— we Should be vany much oblige to you if you would help them to * passig for Sum part of newengland. we have Sent provlshons for them From Sir Tour Humbel Servant BSHAJAH GoLLnrs. Ma$$. Archives, Vol. 171, p. 270. Sept. 7, 1780. Fbrbkan Oardnbb, Pxtbr Coffin and Sahubii Hopkins, all of " Oape Sables " in Nova Scotia, petition for leave to exchange a quantity of flsh for provisions and house-hold supplies. Their petition was granted on the 11th, and they were given a permit, good until the 30th, to transact their business and leave the State. 1^ ifoM. Archives, Vol. 229, p. 1 ; also printed Acts and Resolves for 1780, Chap. VIL Sept. 12, 1780. Blisha Eldbioob, of " Gape Forchue," in a petition to the Gouncil. states " that he was an inhabitant of this state, but for twelve years has been a Resident at Cape Forchue in Nova Scotia where he poasesses property immoveable ;" that he has lately arrived at Salem in company with Capt. Foot, (see above) having assisted in bringing from Nova Scotia a number of escaped American prisoners. He farther states " that he has fed and relieved many unfortunate Prisoners, Friends to this Conntry," and begs leave to transport to Yarmouth, a quantity of provisions, etc. His petition was granted and a pass was issued to him, good for forty days, on the 27th.— See Mass, Archives, Vol. 229, p. 229. Sept. 12, 1780. David Smith, of Barrin^uon, in a petition to the General Court, states that he has brought up from Nova Scotia two Americans, escaped prisoners, viz., Capt. Moses Botoh and Capt McFarland- He prays for permission to purchase a quantity of provisions with the proceeds of some flsh he has lately sold, and for leave to depart for his home in Nova Scotia. His petition was granted on the 16th. See Mass. Archives, Vol. 229, p. 67. Capt. Smith's petition was accompanied by the following certificate : These are to Certify That we were at Capt. David Smith's house in the Town of Barrinttton and was not only entertained extremely well by him, but had also every assistance afforded us that his circum- stances would admit of. we have likewise the greatest assurance of his being very friendly 100 to as and oar Oaose: therefore intreat all oar Oonntrymen (who mHy land M his ^ouse of meet with him Coasting along the Shore) to treat him as a Friend and by su doing they will much oblige their most obedient and hamble servants Simon Bbadstbxbt, of Pisoatteway* John Wabdblii, of Boston Obobob Thompson of Newbnry TiMo CUTTKB Odin of Boston Thomas Nbwcombb " " Edwabd Bass of Newbury Eli Tubnbb of mer Vel haedf Mats. Archives, Vol. 229, p. 70. *Port8moath, N. H. tMarblehead, Mass. mi m CHAPTER XXVI. State of Maastti Bay , To the Honble the Council & Honble House of Representatives of the State Aforesaid Hnmble Petition of Josiah Watbbs, Jr of Boston— Humbly Sheweth— That your Petitioner previous to the Commencement of this War had dealinss with sundgr Persons in the Government of Nova Scotia and in consequence of which a consider- able Bum of Money was due to him and as the Communication between this State and Nova Scotia has been interrupted : Your Petitioner hath not been able to collect his said Debts, H"i?onP»^*®'^* ^?« ^* 5J?7*''8 received Letters lately from Nathan Utley who wa- ^ndebt- ed £130 Eleazer Butler £60 and Ebenezer Porter £30 all which Amts to the sum of two S?H°^'??.*4^®?ur "^^^ »?* J^^'o.?*!® signified their Intentions to pay Said Debts, pro- vided this Hon 'ble House should think it expedient to grant Nathan TJtley Protection to come to this State with the Proceeds of Said Debts aforesaid- As your Petitioner from the Acquaintance which he has had with the Said Utley humbly conceives no Detriment will arrise to this State in granting him this Liberty he therefore humbly requests your honors to grant Protection to the Said Nathan Utley to come from Nova Scotia and bring such Effects M naay be obtained for the Payment of the whole or either of the Aforesaid Debts under such Kestrlctions as to your honors In your great Wisdom shall see meet— And as in Duty bound will ever pray, &o Boston Sept. 14th, 1780. ^'^''- ^""^ J'^"' This petition was granted by both Houses Sept. 20, Mr. Utley being permitted to coma to Boston with the amount named. See Mass. Archives, Vol. 229, p 105. To the Honble doundl & the Honble House of Representatives of the State of Massachusetts Bay in General Court Assembled Alexander Bain of Yarmouth in the State of Nova Scotia begs leave to represent to your Honors that a Number of Sailors who sailed from Newbury with Capt. McNeil were put on board a price [prize] taken by Capt. McNeil, which prize was afterwards retaken »\nd the men above mentioned came in great distress to Yarmouth and after continuing there ten days your memorialist undertook without any consideration to bring them up to this place in a small boat of ten tons belonging to your memorialist— which he performed and landed them at Salem— Your Memorialist humbly prays your Honors that in consideration thereof your honors would permit him to carry back In his boat to Nova Scotia for the use of himself and his neighbors, one Barrel Sugar, one Hogshead of Molasses, one Cask rum and twenty bushels Indian com— and Your Memorialist as in duty bound will ever pray Sept. 14, 1780. Alxxandkb Baim. Wheroas we l^e Snbsoriben have been prisoners and received favors from Alkxandbb BAIN, of Yarmoath, in an Bspsoial manner, this la to desire that he may be cossidered as a 108 friend to the United States of America, as his oondnot has been always of that kind Signed In his behalf James Behinoton of Bhode Island Aaron Sihonb, Boston his Patbick X BtlBK mark Timothy Hicks John Cdllman. On the 18th the General Court passed &v order granting permission to Alexander Bain to return to Yarmouth, but on account of the scarcity of corn he was allowed to take with him, besides provisions for the voyage the sugar, molasses and rum petitioned for, only, and the Naval Officer was instructed " to see that this Resolve is Strictly adhear'd to & Nothing is Taken on Board More than is Mensioned in this Permit." See Mass. Archives, Vol. p. 229, 67,- also printed Acts and Resolves 1779-80 Vol. 4, p. 68. Sept. 18, 1780. Jambs Eillrt, or Ebllbt, of " Gape Porceu," makes a similar petition to that of Alexander Bain and is granted the same privileges. See Jfass, Archives, Vol. 229, p. 71. Sept. 30, 1780. Sbth Barnes, of Yarmouth, in a petition to the General Court describes Yarmouth " as being the most westerly town in the Province & distinguished for being a place of Safety & Hospitality for those American Seamen who have had the misfortune to be drove ashore on the Coast or have been made Prisoners, has been generally resorted to by the Americans as a Place of Refuge, where they are provided for & very frequently sent up in Vessels belonging to that Place." Gapt. Barnes further states that he has made no less than four voyages whereby he has restored numbers of Americans to their families and Country. He prays that he may be permitted to invest the proceeds of some fish lately brought up to Salem by him, in West India or New England produce and to return to Yarmouth with the same without molestation. His petition was granted on the 3d of October following, although the privilege of purchasing grain and meats of all kinds waa denied him. Accompanying his petition was the following letter:— Salbm, Sept. 27, 1780. To the honourable Council & House of the State of Kasso/chusetts. Gent: We whose Names are hereunto subscribed having received particular Friendship from Capt. Seth Barnes of Nova Scotia who was so kind as to give us a passage home to Salem when we were in distress, being driven on Shore by a British Privateer on the Coast of Nova Scotia aforesaid. We therefore think ourselves in duty bound to ask for him such Protection & indulgence from the honourable Court as such Conduct towards our Prisoners deserves Cornells Thomfscn Jambs Arrinoton WiLiiiAM Nickels Edward Davis Mass. Archives, Vol, 229, p. 360. ueu- '« «id Commonwealth in ^^ XT The Committee of Correspondence. &o. for the Town of Boston bee leave to renra. sent to Your Excellency that John Tillby of Boston. Mariner, about eigitwilks sine" without permiss on or authority first had from this cUmonWealthsailld to conjunction S*!** S,°/:f''"?Vi^"2,"^' ''om '.his Port, to a place called Cape Basseau wltWnX doSnioS & territories of the Enemy jTnat the said Join in the course of said Vo^e carried on with ^ ^^l"?/ * clandestine & Contraband trade & abo knowingly secreted, added & Msistid & effected the escape of three British Officers j Vlzt Messrs SanSford, MUter & Da^TwhohS ■ 108 a few days before broke from the Gommon Oaol at Concord, by transporting of them In said Vessel within the Jnrlsdiotion of the Enemy, the said John boasting of having received an equal sum with the above mentioned Crosby as a reward for such services. These facts from the Confession of the said John Tllley & the concurrent testimony of other Witnesses ap- pearing evident to the Committee they cannot but hope that this publick representation to Your Excellency will be esteemed consonant to the duty which more especially as a Com- mlttee they owe to the Publick By Order of the Committee Nat. Babbbb, Boston, 8 Decem. 1780. Chairman. InCouncll, Deo. 12, 1780: Bead and Advised that the Subject Matter of this Becom- mendatiou be and hereby is referred to Joseph Oreenleaf & John Avery, Esqrs, two Justices of the PeHCH in the County of Suffolk to take such Order thereon in the Premises as to Law & Justice shall appertain. John Hancock Mas», Archives, Vol. 177, p. 268-9. The findings of Messrs. Greenleat and Avery, or any subsequent action in the matter by them, do not appear to have been recorded anywhere in the Archives. To his Excellency the Governor and Honble Council of the Commonwealth of Masstts The Petition of Solomon BmBS of Yarmouth, in Kova Scotia, Humbly Sheweth That your Petitioner presented a Petition to the Hon'ble Council the 14th of August last for permission to transport sundry Articles from this State to Nova Scotia with permission to return with a cargo of Fish and Oil which was granted in Consequence of his Attachment to this State in Conveying from Time to Time American Prisoners from Nova Scotia— he would now humbly ask a further indulgence to invest the net Proceeds of the Fish & Oil aforesaid in W. India Produce and other Articles, and about fourteen Bushels of Grain for his Famine's Use, which Quantity he can make appear, he expended for the support of a number of Prisoners, and also for permission again to return to this State with some Fish that he left Oreen in stiid Yarmouth. . . . Your Petitioner therefore humbly requests your F-Tce!len<*.7 & Honors to grant the Prayer of this Petition for the Beasons mentioned and to direct the Naval Officer for the Port of Boston to clear out the small Schooner called the Sea Flower with Said Articles on Board and as in Duty Bound will ever pray, &c. SOLOHON BiDBB Boston, Dec. 9, 1780. In CoiiDcil Dec. 12, 1780: Bead & Ordered, that Solomon Bidbb an Inhabitant of Yar- mouth in Nova Scotia, be and hereby in permitted to Invest the Neet Proceeds of his Cargo of Fish imported from Said Yarmouth, in West India Produce Which the Naval Officer for the Fort of Boston is hereby dirt^cted to clear out in the Schooner called the Sea Flower, for Nova Scotia, and not to suffer him to carry more provisions than are Necessary for his Voyage there. And Said Rider is directed not to return again into this Commonwealth. And All Commanders of Armed Vessels and others belonging to this State are hereby directed, and all Commanders of Armed Vessels belonging to any of the United States are hereby requested to permit the Schooner Seaflower to pass unmolested to Yarmouth in Nova Scotia with the Said Articles on Board Attest John Avbbt, Secy. 107 To their Honors, the Oovernor and Members of the Great and General Gourt of the Common-wealth of the Masstts Bay, holden at Boston, in New England. Gkntlemkn:— Being sundry Timefl In like Giioumstance compel'd to apply to you for redress, your former Favour encourages me again to make application to you as I retain ray former prin- oipies of aiding distressed Americans as far as their Nncessities and my abilities would admit, for when your last Favours were bestowed, notwithstanding your requisets were not Complied with, yet tlie honors 1 received from you did much more than compensate for the Losses I sustained by their non-compliance, but the Generosity of the Gent'm of Marblehead in a great measure (tor my good Sirvices to them and many others, as hath sundry Times fallen under your consideraclon) has in some measure maile up for my Losses, but being bound home I was taken by a Liverpool Privateer. I was carried their and all my Interest seised, my boat only accepted, and tnere meeting with two Bermudlan Gentlemen who were In need of a Master and Pilot to bring their Ship with a Cargo of Salt to these States, the very next Morning after our Embarkation we were pursued and taken by a Privateer Sloop from Salem, John Raval Commander, who notwithstanding I shewed him all the Writing which contained the sum of your former Favours, they were deaf thereto and Instead of releasing me on Account of them, kept me and the Bermudittu Gentlemen on Board the most part of their Cruize and [at] lensth landed us at Canso. this we supposed was in order to Srevent these Gentlemen from claiming their Interest in Season, here we hired a French hallop to bring us to the Westward, and meeting with an American Letter of marque which put Into the Enemy's port, in great distress, being very Leaky, and in want of Provision and Cloathing for the Sailors,— Mr Gates, of Newbury, Owner, and Capt. Homes of Ipswich Commander, notwithstanding the Many Losses and Insults I had sustained from Ameri- cans, when they understood I was a Friend to all and every American, they applied to me and I readily furnished them with Provisions and Clothing tu the amount of Thirty Five Pounds Sterling, and by their desire took the Charge of the Vessell, and by the favour of Providence conducted her safe to Newburyport, for which (to their honor I freely acknowl- edge) they have made me ample amends, Gentlemen, I thought it needless now to provide any vouchers, my former aa I thought being sufficient, wherein I inform you of my imprison- ment of board of three Men of War, and Two Prisons on Land, and if your honours will vouchsafe to read the depositions which have been made before your own Magistrates, or cast your Bye Into your Secretary Office, and you'l find Two Hundred and Seventy Men that have born Witness to my Friendly disposition towards distressed Americans. Now Gentlemen that you would hear and Answer the Prayer and Petition of the Subscriber and grant him leave to return home in a small Schooner or Shallop & Effects, as there is no other Wav be can possibly get home this Winter, and to return here again with his Effects In the Spring. Your Compliance, Gentlemen, will very much oblige your honour's most humble and devoted Servant John Maqray Marblehead, Dec. 25, 1780. Mass. Archives, Vol. 231, p. 61-64. Capt. Magray's petition Is endorsed with the signatures of 72 inhabitants of Marblehead, Salem, Ipswich, Gloucester and Newburyport. The seizure of the salt-ladea vessel, mentioned by Capt. Magray, was illegal. Salt was so scarce In the Colonies as to make a ship loaded with it a very valuable prize, and Capt. Baval, of the American privateer, evidently appreciated this fact. But there was one obstacle in tho way of his seizing the .ship. The Continental Congress had enacted a law early In the war, that the inhabitants of Bermuda, the Bahamas and New Providence, although British subjects, should be treated as neutrals, and that their property, on the high seas or otherwise, should be exempt from reprisals or seizure by American ships-of-war or privateers. Hence Capt. Baval's reason for retaining custody of the "Bermudlan Gentle- men " and Capt. Magray, and finally landing them in the extreme northern part of Nova Scotia. He wished to give his prize crew ample time in which to sail his prize safely into 106 8»lem, And to have her libelled and condemned In the Maritime Ooort there without the defence having any opportunity to ahow their exemption from seizure under the law. Another Interesting point Is developed in Gapt. Magray's petition. He sutea that while homeward bound from New England " he was Taken by a Liverpool Privateer " and was deprived of all his property except hla vessel. .*'ter being abused, Insulted and robbed by American privateers, It certainly must have been rather discouraging to Gapt. Magray to be obliged to submit to the same treatment from a privateer fitted out in a home port. Commonwealth of Massachusetts In the House of Representatives, Feb. 1st, 1781. On the Petition of John Maokat, an Inhabitant of Yarmouth in Nova Bootla praying he may have leave to go Home In a Small Schooner or Shallop with his effects and return to this State again with his effects next Spring- Resolved that the Prayer of his Petition be so far granted that the said John Magray have leave to proceed to Nova Scotia as above mentioned and carry with him One thousand bundles of Onions, fifty Bis Oyder, One thousand weight Brown Sugar, three barrels West India Rum, and one quarter Cask wine (this Court being satisfied ne has Interest in this Statn sufflclect to purchase said Articles) he giving Bond to the Naval Officer of the Port he may sail from with two sufficient Sureties in the penal Sum of One Thousand Pounds, New Xmission, conditioned that he carry with him no other Articles but such as are mentioned In this Resolve except Necessary Stores for the Voyage. And the Gommandera of All Armed Vessels and others belonging to this State are hereby directed to suffer the said Magray to pass with his Vessel unmolested, etc., etc., Sent up for Concurrence Cauu Davis, Speaker. In Senate, Feby. 2, 1781, Read and Concurred Jbsuiiab FowBUii President. Approved JOHK Hahoook. To the Governor, Council, Senate, and House of Bepreaentatlves oonven'd at Boston June 6, 1781. OaMTLUOM: You (under Ood) being the Fathers of your People, more Immediately under your inspection and care, and the Succourer of your perseverlns Friends, situated more remote from your Inspection (and whom a Branch of tne Atlantic seperates from belns sheltered under the Wing of your paternal Care) which by a long series of Oonourancies I nave Joy> fully experianced, and which now emboldens me once more to prostrate myself at your feet, tor redress of Grievances, your honors may remember (for certain good services to America) you gave me a permit last February to return home, under certain restrictions which I complied with aa f ar as circumstances would admit, but I could not purchase a vessel capable of conveying myself and effects home at that Season of the Year. I was obliged to get Passage home in a Vessell at Portsmouth, and then could not car; y away all my Bffecta and as your permit Indulged me to return back again In thn Siiriu,(7, ( made no scruple but your honor's permit would screen me from all and every Insult or inconvenience that might accrue, but before I proceed, permit me to lay before your honor? *':u9 dangerous situation I have involved myself in by my attachment to the American CAime no sooner had I arrived at Nova Scotia, but the report was that I had Victualled and Clothed the Crew of a Letter of Marque* Ship, and had offlqiated as Pilot to convey her secretly away to the American Teretorfes, contrary to my duty, which was to [have] made complaint and had her seis'd, and by this means (as they said) I should have done my duty, and have acquired a much greater reward than I did by mv dlsobedlance, for which (aa they said) I ought to swing, for an Example to other Rebels and Traytors. accordingly I was made a Prisoner and carried on board a M- a of War, and drag'd before their Tribunal to be judged (and It proved against me) condemned to Death, and confiscation of my Effects, tor such a disloyal Crime, tnis is ib» fourth time I have been imprisoned on board their Ships, and twice on Land, tor no 10& otber Orlnue but my attaohment to the Auior)tween Feigned and Unfeignetl Friends and grant me the prlvlledge of returning home to my Family with my small Shallop and tritilug Effects, and whatever Bond you may pleane to lay on me, I shall acqaiace with, as heretofore, your compliance to this my humble prayer will lay me under new obligations, and much oblige the public & Qentlemen, your humble and devoted Serv't John Maorat Xow even while I am petitioning your Honors, my Shallop and small Effects Is Seized contrary to my Expectation, and the tenor of your permit, as I understand it; now as a part of my Business here was to bring up Americans, which I effected at my own Charge, I hope your honors will regard my petition above, with this addition, that my Shallop and Effects may be restored to me again, thus humbly prays, Qentlemen, your much obliged bumble Servant John Maobat Oapt. Magray's petition is endorsed by Samuel Asbton and 20 others, probably inbabU tanta of Marblebead. In transmitting the above petition to the great and General Court at Boston it was in some unaocountable manner mislaid, necessitating Capt. Magray's having a new petition drawn up upon bis arrival in the latter town. This second petition, In much less stilted language, recites the facts contained in the first, and is endorsed by a number of citizens of Boston. It is accompanied by the following document: HARBI.BHKAD, JUUO 6, 1781. Honble House ot Representatives May It please yoar Honors In Consequence of a permltt you were pleased to grant unto one John Magray of Xova Scotia in Feb'y last to go from hence to bis family with Supplies which lives In that vern- ment, be is now come nere again with a few articles such as abt three Quintalls fish, twenty- [illegible] pounds of bever & 6 barls of herring & as the Laws of this commonwealth forbid such Intercourse & he pleads ignorance respecting ye Laws Should therefore esteem it as a favour you would direct me what measures to take and as In duty bound will ever pray & am your honors most Obedient homble Servant John Obbbt, Naval Officer Commonwealth of 1 Massachusetts ( In House of Representatives, Jane 11, 1781. On the petition of Jomr Maobat of Yarmouth in the Province of Nova Scotia setting forth that his two mast Shallop has been seized at Marblebead, that he baa been friendly to the American Caose & Prisoners, praying that the said Shallop may be restored and that he may have a permit to go with her to xarmouth Se return to tbia market with fish fto. Resolved that the prayer ot the petition be so far granted that it be and hereby is recom< mended to the Naval Officer at Marblebead to restore said Shallop to the sd John Magray, his paying the charges that may have arisen and that he have leave to proceed with her to % m iTarmonth in Nova Scotia, carrying with him no articles except Kecessai^ Stores tot tttf voyage and that he do not retnrn with any Effects to this Commonwealth except he bring with him his family to remain an Inhabitant. And the Commanders of All Armed Vessels and others belonging to this Commonwealth are hereby directed to suffer sd Magray to pas» with his Shallop unmolested, and it is hereby recommended to the Commanders of all Vessel* belonging to the United States or any of them to let the sd Magray pass as aforesaid without' hindrance Sent up for Concurrence TO . T .„.^ -„- Nath. Oobrah, Speaker/ In Senate June 12th, 1781. Read & Concnrred S. Adams, Pres'd Approved, John Hancock *Wbich bad on board Four Thonaand Five Hundred busheler Birit. Ill )s tot tde t be bring sd Yeaselap kv to pas» ill Veaaels d without- ipeaker/ CHAPTER XXVlIl. S:s*ik"c?ur4?il^£?;.r^^ou?tS3b& '°' ^''^ commonwealth of feANK.ma?irr8^alfo7oa%'CSiHV/prZnorn5T ^'^«°^' «"^« »^«"-« '»°'» J^««« charactSra It your &om« arl u^ver8a°?v'Kn "t„\!.*?^ of NeutralitAthe private and notwithstandinB the restraints of th«RHfr.t.rt?> *" be favorable to the United States, themselves in asslstfng thelscaX Ame^^ ^?^« repeatedly exerted and landing them in s5me American Mrt -vtSt nmi^ST™ '^'''^.*^°°^v.^"U?« *''«™ ''o™ pursuit With them and can retire no further m thr««^ .nt^^^'," "Ju'*."* **'*' ^^ ^'»^" taken refaga their retreat; unles^tKore thrileonle of tL nn.JS^P'' ^'jf*'" P*?"**® "'"^ wholly cuts olf promote their escape they must beTbUtfed to sn^TZ-T^" P"."*^* ^?'""'''' ""'^ Pth«rwi8e Tour Petitioners, as theyLvreve*ofrer?d «?thJ^^4.t. .**'''™'*.'^*'' prisoners at discretion, to Prisoners of this discript^on, bu? the Uto acta^for ril^^^^^^ ^«°«Jly »«'^'«'*» Scotia, and the unremitting vitfiance of th« Prf^oLl^I restraining an Intercourse with Nova Utterly imptacticable-WKeMons Msifnirt ^n^?^^^ rendered their further assistance protection may be grantedXm to ?etum to thJr f^.Sml-™'''^.?'^''*'^ pray that leave and appointed to heartfeir proposal for cont^nnVn^ t hf ffj^*"®"',*'"^ **>" » Committee may be Community and donveSto'1'Sf.eTvT WL^n dVt^^^^^^^^ »°'»>^ SAMt^xL BntoDoti PooLB in behalf Commonwealth of Massaohnsetttf. °' **** whole. In the House of Representatives, Apr. 16, 1781. PetiSSne«%J?Krty to^cure^a^vS noTel^L^ ^^''~*«' Jf?^ ^^""^ ^^^' '^'> in her to Cape ForchuS^iuK Scotia & tLSrU^foffl ^1^7*"*?^ *^"'<^«'» * Proceed directed to cW sd Vessel ouWA? & A.^ to .nffi? „?*/?.', °K?', ^<"* °' ^°<^^^ *» hereby Excepting Provisions Sufflcient for ?h« m«n wL*°^ (B) article to be carried in sd Vessel Forchue, & all Commanders of LmedVes^e^^ *•" °*"J' •'^ *« '"^ Cape directed & all Commandew of Arm™d Velsl?i b«wf^^^^ this Commonwealth, are hereby requested not to Seize or Mo°lLf s^v'esTll ofM^enT/a^p^as^^^^^^^^^ «^'**'" "^^ Sent up for Concurrence. In the Senate, April 17, 1781 Read and concurred with an Amendment A to B. Sent down for Ccacurrence Jeek. Powkll, Presti Viz : Dele from A to B. & insert " The Said Samuel Sheldon Pool, Seth Barnes & James Kane giving Bonds to the said Naval Officer that no '" Caleb Davis, Speaker 7 I ill •CI 112 In the House of Bepresentatives, Apr. 17, 1781 Bead & Concurred Caleb Davis, Speaker. Approved John Hancock Mass. Archives, Vol. 187, p. 96-7. To the Honble the Senate and Honble House of Bepresentatives of the Commonwealth of Massachusetts, in General Court Assembled in Boston— The Petition of Zachariar Foot for himself and in the behalf of Bknjamin Babnabd, Nathan Utlky and Docir Bick Humbly Shews :— That the late Act of Congress prohibitine any Trade or intercourse with the people down there, bears very hard upon your petnr, and if there is not some indulKences allowed many poor unhappy Prisoners that, fall in there must certainly Suffer, if not Perish for want of the NecessariPS of Life, as well as your petitioners That lately sundry Prisoners came there whom your petitioners have supported for some time out of their own Family Stocks, and it will be very discouragiuK if they are not per- mitted to purchase here at least as much as they Expend for the Support of American Prisoners That your Petr Foot, at the Earnest SoUicitation of some Prisoners there ventured to bring np Five of them in a Small Boat in her Ballest, upon no other business but to relieve them and to represent their case to this Honble Court. And as your petn have rendeted themselves very obnoxious to Government there, on account of their aiding Americans, it is very hard upon them. That your petn don't Wish for Liberty to Trade with any British Manufactures, but only for leave, from time to time to bring up Prisiners as they fall in there, and also some fish, and therewith to purchase some Grain and other necessaries of Life to replace what baa been or may be Expended for the Support of the American Prisoners, Otherwise it will bo out of their Power to afford them any Belief. Tour petrs therefore humbly pray this Honbia Court would be pleased to permit them to bring np Prisoners as they fall in there, and also some Fish, and also that they may be permitted to purchase here Corn and some other necessaries of Life. And yr petr Foot prays that he may now be allowed to purchase some Grain & other Necessaries of Life ?nd to carry them down in bis Boat. Tbev also pray this Honble Court would be pleased to arbld American Privateers from going on shore and Bobbing the Poor People there And in duty bound shall ever pray &c Zachabias Foot We the Subscribers, two of the Prisoners brought up by Capt. Foot, having read the fore- going petition, find it just and true, he Boarded us one whole month, and for want of Sufficiency of Provisions in bis own house was so kind as to Board up out in another, and we must have Suffered if he had not Supplied us, and if the Honble Court should see meet we should be Iglad to be Examined npon the affair, not only for the sake of Mr Foot, but for the Sake of our Brethren who may again fall in there. Sylvester Pkmdlbton Jambs Pabkeb In Senate, May 11, 1781. Bead & thereupon Ordered that Nath. Gorbam with such as the Honble House shall Join be a Committee to take this Petition into Consideration and report what is best to be done thereon. Sent down tor Ooncarrenoe Jbbb. Powell, Frest Ib the Hens* of BepreaentatiyM, May 18, 1781. 118 "Read and non^soncurred, and thereupon ordered that this petition be referred to his tecoellency the Governor and Hontne Coancil to take sach measures thereon as may be Commonwealth 7 of Massachusetts ) In the House of Bepresentatlves, June 8, 1781. On the Petition of Thomas Mbbbifibld Scbalb, setting forth the tjawless Gondoct of William Edwards, in Seizing ft arresting a shallop (Called tbe Argyle) out of the bands ol Said Petitioner and praying that the property may be restored— Besolved that the Petitioner Serve the adverse party with a copy of Said Petition, with this order of Court thereon to appear on Monday the Eleventh instant at 10 o'Clock in the forenoon at the State House in Boston to shew Cause if any they have why the Prayer ol said Petition Should not be Granted. Sent up for Concurrence Nathanikii Qobham, Speaker. In Senate June 8, 1781. Bead ft Concurred Saml Adams, Prest Appiov'd John Hancock Mass. Archives, Vol. 23d, p. 277. Commonwealth ) of Massachusetts ) In the House of Bepresentatlves, June 14, 1781 On the Petition of Thomas Mbbbifibld Scbalb, praying for the Bestoration of a BoaC lately taken from him & sold aa a prize by William Edwards & others— Besolved that sd Sceale be & he hereby is allowed to prosecute for the recovery of said Boat agreeable to the Laws of this Commonwealth Sent up for Ccmourrence Natb. Oobham, Speaker In Senate June 14, 1781 Bead & Concurred 8. Adams, Prest Approved John Hancock. Only a few fragments of the Maritime or Prize Court records remain at this time, and any further record of Mr. Sceale's efforts to regain possession of his property are not to be found. m ;ht8 of at any if their ilm. Bldera' EtptOTS, irevent in oon-- it their SALB use we in his y-three ted by dact of &nds of n, Mtb i in the rayer of afaer< a Boat of said eaker CHAPTER XXIX. To the honorable Senate and honorable House of Bepresentatives of the Common- wealth of Massachusetts in Oeneral Court Assembled. The Petition of Thomas Flint and David Cobnimo, both Inhabitants of Cape-persue in the Province of Nova Scotia Humbly Shews That your Petitioners always bearing good Will and affection towards the tJnited States of America and ever fond of assisting the Subjects of them, when in Distress and Difficulty, beg leave to trouble your Honors with the following facta and pray the Interposition of your Honors iu their behalf :— That Thomas Flint, one of your Petitioners, going into a harbour in Nova Scotia in a small Schooner of about twenty Tons burthen, called the Hannah (the property of your Petitioners) met with a small Vessel, a prize to the Privateer Brigantine, belonging to Salem, called the Captain Donaldson ;* that said Prize was in great Distress, being very leaky ; that your Petitioner Flint at the Desire of the Prize Master went on Board the Prize, and assisted the Crew in endeavoring to stop the leak and in lightening her by taking out part of the Cargo and putting it on board your Petitioners' Schooner. That the Prize prooving too bad to proceed to Salem, your Petitioner Flint took the Crew and the remaining part of the cargo on board his Schooner and brought them to Cape pursue with a view of procureing a Vessel to bring the Crew and the Cargo of the Prize which your Petitioner had saved up to Salem. That your other Petitioner Corning actually got a Vessel and part of the Careo of the Prize was put ou Board of her ; when the said Privateer came into Gape pursue and the Captain ordered your Petitioners to carry the Cargo up in their Vessel, but being made acquainted with the Services your Petitioners had rendered to his men, told them he would give up their Schooner to them after her arrival at Salem, and that your Petitioners brought up the Cargo of the Prize to Salem ; all which facts your Petitioners have certified under the hand of the Prize Master. And your Petitioners further shew that the owners and Officers and Crew of the said Privateer have consented to release their Schooner to your Petitioners, if your Honors will pass such orders as shall make their Liberality of Service to them, your Petitioners pray your Honors that they may have Liberty to hold their Vessel and that Permits be granted them to go to Cape pursue with their said Schooner, and further that they may have license to carry with them twenty Bushels of Indian Corn, a Cask of Bum, a Cask of Sugar and a Cask of Molasses And your Petitioners would further trouble your Honors by shewing that many Prisoners Subjects of the united States are frequently escaping from Prisons and Guardships after being long confined at Halifax and other places and come to Cape pursue and for want of a PMsage from thence to some port Subject to the United States are taken up and sent to their former Confinement, and your Petitioners are very desirous to assist them in getting up to tiieir Families and Friends, but being poor your Petitioners are incapable to do it unless your Honors would grant them some Favours & iudulgencies, and your Petitioners depend- ing entirely for the Support of Themselves and Families upon the Fishery they pray that they may have passports and safe-conducts to secure them from seizure by Subjects of this Commonwealth and others of the United States in pursuing their said Business and that when your Petitioners shall find any Prisoners desirous of coming into this State they may have liberty to bring them up in some small Vessel and likewise bring in their said Vessel the Fish which they so shall have taken, and dispose of the same in this Commonwealth and return without Molestation And your Petitioners as in Duty Bound will ever pray ne, and otto be Thomas Flint Davio CoBMINa *The Brigt. " Captain," Joha Donaldson, Commr,; owned by BenJ. Needtaam et als. of Salem; Com- missioned Feb. 9, 1781. lis Commonwealth of Masaaohuaetts. In the Houae of Bepreaentativea, June 9, 1781. Upon the Petition of Thomas Flint and David CoBNiKa, of Cape Penne in the ProvinM of Nova Scotia— Reaolved that the prayer of the petition be ao far (iranted as that they may have liberty to depart from tbia Commonwealth with the Scfaoon«r Hannah for ad Gape PerMiie, and that they have perminsion to carry suoh Neceaaary Storea for their faniiliea in sd Veaael aa the Selectmen of the Towr of Saiem may judge expedient And it is farther BeL>oIved that aaid Veaael with her effects have the permission of thia Court to proceed to Cape Pursue free from any molestation. Sent up for Concurrence JSaih. Gobhah, Speaker. I n the Senate June 1.3th, 1781 Bead & Concurred 8. Adams, Prest. Approved, John Hancock. Mass. Archives, Vol. 2SS, p. 260. To the Honbie the Senate and HouLic ^.ouae 'i i.enresentatives of the Commonwealth of Massachusetts, in General Court Assembltd et Boston, June, 1781 The Petition of Efkkaim Cookb, Eaqr, of CaperSue in the Province of Nova Scotia Humbly Sheweth That your Petitioner formerly belonged to KlnKSton within thia Common- 'wealth where he now owns a Real Estate; from whence he moved to Nova Scotia aome years since, and he was a pensioner to thia Oovemmcmt havinfr lost hia Leg in their Service, but hits never received his pension since the Commencement of the present War. That your petr lately came up to settle his affairs bnd take care of bis estate in Kingston. And is now abont returning home if he can obtain a permit from your Honors. He therefore humbly prays your Honors would be pleased to grant him a permit to return back to Capersne and that he may have liberty to carry with him two barrells of Sugar, one barrel! of Bum and a barrel! of Cyder, And also that he may be permitted to return here agxin & bring with him Fish, Beaver and other Furs. And aa in duty bound shall pray &e. Uphbaim Cook. Boston, June 16, 1781. Gommonwet^lth of Massachuaetts. Tn the Houae of Bepreaentativea June 23, 1781 On the petition of Ephraim Cook, Bsqr praying for liberty to repair to Nova Scotia with snmit effect.)!, Resolved that Ephraim Cook. Esm have liberty to return to Gape Persue (A) and carry with him one Barrill Rum two Barrills sugar and one Barrill Cyder (B). Sent up for Concurrence Nath. Oobham, Speaker^ In Senate, June 23, 1781. Bead & Non-Concurred 8. Adams, Pres'd. June 23, Reconsidered and concurred with an amendment from A to B. Send down for Concurrence 8. Adams, Pres'd. Bele from A to B and insert— provided that the said petitioner be not permitted to return Hi to this Commonwealth & the Naval Officer of the port from which he shall depart shall take special care that he carry no Letters or Effecte. In the House of Representatives, June 23, 1781 Bead & Concurred Nath. Gorham, Spkr. Approved, JoBN Hancock. Mass. Archives, Vol. 233, p. 430. Ephraim Cook served in the French and Indian war, which ended with Wolfe's conquest of Quebec. His name appears on a billetting roll of Capt. Gamaliel Bradford's Company. He enlisted April 11, and served until May 31, 1758. His application for a pension, in which he describes the manner whereby be lost his leg, is stil] extant, and reads as follows :— Province ot Massachusetts Bay. To His Excellency Thomas Fownall, Bsqr Capt General and Commander in Chief in and over bis Majesty's Province of the Massachusetts Bay in New England &c, and to the Honbie his Majesty's Council and House of Representatives in General assembled Mar. y« 3d 1759. The Petition of Ephraim Cook ot Kingston, in New England, In the County of Plymouth Humbly Sheweth That your Petitioner enlisted himself in the late expedition against Canada under the Command of Capt Gamaliel Bradford In Col. Doty's Regiment, and so it was may it Pleas your Excellencys and Honors, that after our Regiment came back over Lake George your Petitioner was ordered up Mohock [Mohawk] River In order m Build a fort at the Great Carr[y]lng Place* and after he came there was ordered to work In Building sd Fort and In hoisting up a large stick of Timber the Ropes Broke and sd Stick of Timber fell and unfortunately fell on your Petitioners Leg and broke it allmost to peaces but had it soon set by the Doctors as well as it could Possible Could Considering how Badly It was broken but after your Petitioner had Endured the Most Exquessit Pain for aboute three weeks and all the Doctors Dispalred of making a Cure of It they advised me to have it Out oil (or my Life was in Danger) and accordingly I Consented to have It Cut off which opperatlon was per- formed by Doctor Hall and some other assistance, sume time about the Middel of October Last and your Petitioner with a great deel of difliculty Got from Scannedea to Albany and from Albany he came by water to Hlanus [Hyannis] and from Hlanus to Kingston be came in a Chair, and after your Petitioner had Got Home be was at a Considerable Charge for Doctors and other Necessaries to get his wound healed, an Account whereof he Is Ready to produce, but what Is worst of all your Petitioner has lost bis Leg a little below his knee and therefore must be a Cripple all his Lifetime, your Petitioner therefore Most Humbly Prays your Excellency and Honors woold take his distressed Case into your wise Consideration and make your Petitioner such allowance and Recompense for his suffering and extra Charges as you in your wisdom think proper, or otherwise Relelve your Petitioner as you In your Wisdom and Goodness shall seem meete and your Petitioner as In Duty bound shall ever pray Ephraim Cookk. Kingston, March ye 3d 1769. N. B. Accounts above mentioned are herewith Exhibited. In the House of Bepmt Mar. 17, 1769. Read and Ordered that the Petr be allowed and paid out of the publlck Treasury the Sum of Seven Pounds for his Charges mentioned, and three pounds for his sufferings. And «8oheneotady, N. Y. 118 that be be allowed a Penelon of Pour Ponnds per Teas till tbe fnrtber order of tbts Ooart Sent np for Gononrrenoe T « 11 » » ^' Hdbbabd, Speaker. In Oonnoll Mar. 17, 1789. Bead & Gononrred A. Olitbb, Secy. Consented to T. POWNALL. Mali. Archives, Vol. 78, p. 230. 110 OHAPTER XXX. To the Honorable Senate (6 House of liepresentatives, in General Court assembled,— The Petition of the Subscribers, Merchants, & others, Inhabitants of the Town of Salem humbly sheweth— that they have been informed by several Oaptains of Privateers & other Vessels Captured by the Enemy in the Course of the last year that the Commanders of the British Cruizers on the Xewfoundland & Halifax stations have of late had an exact account & perfect knowledge of the numbnr, torci & d«)stination of our Arm'd Vessels as well as of the value & proposed Voyages of our Merchiiutmen . This information we suppose they get constantly from the Nova Scotia People trading this way ; some of whom having permits from your Honors, have exceeded the limits therein prescribed them ; one instance we have a special reference to Is of a person of this Character that went to Halifax privately in a Flagg* & In concert with others we have reason to believe gave information highly prejudicial to the subjects of the United States. We have good reason to think that thro' this channel of information we have lost the greater part of our most valuable Privateers & trading Vessels— We have no doubt but that the representatives of the Seaport towns in this vicinity will coincide In Sentiment with us on this Subject & another year of iU-sucuess like the last will totally deprive us of the means of building & equipping any more armed Vessels, which we apprehend would eventually much affect the interest of the United States. Your Petitioners therefore humbly implore your Honors to take the matter Into your wise consideration, & if you may think It expedient, put a final stop to all such permissions, & direct the Naval Officer & Selectmen to make search in each town of this State and apprehend as Prisoners of War, all Nova Scotia men that may be among us, that they may be exchanged for our townsmen & others now Suffering on Board of Brltiiih GuardSbips. And your Petitioners as in duty bound, &o. &o. Sco, GBOBas Williams and 61 others This petition was referred to a oommittee, consisting of Messrs. Washburn, Goodhue and Davis, of the Senate, and Stephen Choate and Israel Nichols, of the House, which committee reported thus:— The Committee of both Houses upon the petition of a Number of the Inhabitants of the Town of Salem praying that an effectual stop be pat to the Iniquitous trade carried on between some of the subjects of this Commonwealth and the subjects of the King of Great Britain, &c., beg leave to report by way of resolve SiKFHBN Choatb, pr Order Commonwealth of Massachnsetta In Senate Jan 24, 1782. Resolved that no permit be given in future to any person or persons of what description soever to carry goods to Nova Sootia or any place in possession of the enemy or bring goods from any port in possession of the enemy to this Commonwealth on any pretense whatever. — And all Vessels with their effects so going to or coming from Nova Scotia or any other place In possession of the enemy (excepting such persons as have already obtained permission for themselves and property and have not deviated from such permission) shall be liable to capture and condemnation,— and shall be proceeded against In the Maritime Court for the purpose by the Naval Officer of the department where such offense may be committed— one moiety whereof shall be to the prosecutor, the other moiety to this Commonwealth— and the *Flag of Truce. 120 persons found on board any such Vesael shall be considered in every rttspect as prisoners of war and treated accordingly And whereas information has been frequently eiven to the enemy of the situation of our trade as well as many other matters highly pr« 1782 j Srtr Babnrs William Coffram E/RA Chukchili, £bbnkzek Bllm Oborok Bkidobo John Clark Elkannah Clrmknts Paul Oowrm JusKPH Hill Sandkbs John Clrmbnts Pelbq Holmes James Gain David Cbockbr Moses Perry Ebenezbr Crosby Jonathan Crosby Thomas Tbask Ephraim Wyman Wm. Hannover Elbazbr Butler John Maqray James Kobbins Danirl Raymond Alexander Bain Zacharias Foot Ebknbzer Corninq David Cornino Ebenezbr Cornino, Junr. EzERiEL Ellis James Mattenly Jonathan Corninq I.HviD Harris t-SADiAH Porter Theophilus Crosby John Parry Ambrose Dennis James Gilfillen Joseph Bent Jambs Allen Mass. Archives, Vol, 237, p. 232. oontiatent with ear aafety. And Jahkn Killby Samuel Sheldon Poole Benjamin Babnabo Nathan Utlby Stephen Blaney Nathaniel E. Welch Joshua Trefby Philip Gowoey Levi Horton Waitstill Lewis James Gowdey William Haskell Thomas Flint John Cann Lemuel Crosby James Crosby Ebenrzeii Porter Nehrmiah Porter Christopher Strickland Rif'HARD Williams Selbo Landers Joseph Pitman John Walker Sealio Landers Ben J. Brown Benjamin Brown John Landers Nathan Brown John Sollows Perry Hambleton Samuel Harris Bk,njamin Harris William Harris Cornelius Harris James Brown John Killam Ebenezer Clark John Sanders Elishama Eldridoe Saml. Ellenwood Ambrose Dennis, Junr. Thomas Gilfillen Hezekiah Bunker Richard Rose. At the time this petition was forwarded to Boston an effort was made by the relatives and friends of our people, residents of Salem. Beverly and Boston, to influeLe the Legis- f^inn!^ if,y lr°';: ""'^ '°' *^/', P"'P°'' *^^ following papers were drawn up. signed and included with the above memorial.* To the Honble Senate and House of Representatives in General Court Assembled The Petition of Wm. Tuck. Late Commander of the Shin Lvon and a niimhar r,t /,*».«.- Subscribers. Humbly Sheweth that the Ship Lyon lately f^llfnto' ?he hand^Sf the enemy' •See Felfs " Annals of Salem " Vol 11.. pp. 283 and 657 ; also Geo. S. Brown's " Yarmouth." p. 437. 124 and was oarrled to Halifax, The Blonde Frigate that oaptared Her was wrecked npon the Beel Islandaf from which ad Tuck & his Company Oonsiating of about Sixty men in all made their eacape to Yarmouth, Gape foraew, in Novascotia, where the Inhabitants Received, 8c entertained us Very kindly for four or five daya, daring which they fitted out three Small Veaaela with provisions &o, necessary for the pnrpoae and Brout, Sd Tuck & Go. and a number uf other Friaonera to the amount of about one hundred in all, aafe to this Common- wealth, Thia friendly act waa a Great favor to ua, and partlcularlv So when we conaider the Extreme Sufferings of a Great number of our Brethren on Board the Britiah Friaon Ships And your petitioners beg leave to declare that the Inhabitants of said Yarmouth, or the Greateat part of them, removed from this Commonwealth a few yeara ago, and have shewn a friendly diapoaition towarda all American Friaonera, by Supplying them when in Friaon and after they Escaped, helping them to Escape ; and Conveying them to this State at their own Expence; we Deleave that they have convayed more than one Thousand Frisoners from Bd Yarmouth to this Commonwealth, which doubtless is a Fublio advantage as well as a Benefit to maney Individuels. Yarmouth is a new Settled poor defencelesa Flace, the Inhabitants thereof are Generally poor and unable to Support Frisoners at their own expense ; and could not have done it So Long, if they bad not had liberty to Carry Bread- corn &o from hence, we are Creadiblv Informed that the said Inhabitanta of the ad Yar- mouth have never taken the Oath of allegiance to the King of England or ever taken up arms against ua, they have never had their Malitia Muatered, from allwhich your Fetiiioners humbly Conceive that The Said Inhabitants Cannot be Considered as enemies to the United States. And whereas the Said Town of Yarmouth have been, and are still liable to be, plundered by American Frivateers, and their fishing Boata and Shallopa are in tbe Same predicament, and whereaa by the lawa of this Commonwealth they are in Common with other Brittiah Subjecta, forbid to come & Bring their fiah to, or carry corn or other flahing atores from thia Commonwealth, or even to Go Back with their Boata after having Bro't up Prisoners. — Your Petitioners most Humbly Pray Your Honors to take their Case into Your wise Consideration and Grant them Such Beleaf and liberty as you in Your Great wisdom may think fit and propper and as their conduct has merritted And as In duty bound shall ever pray Fbancib Cabot, Jr. and 120 others Beverly, May Ye 27, 1782, J/osa. Archives, Vol. 231, pp. 228-30. To the Honble Senate & | Boston, June 1782. The Petition of the Subscribera In behalf of the House of Representatives I InhMt&Qtsot Yarmouth in Nova Scotia, humbly aheweth :— That we have Beaaon to beleive said Inhabitanta are in General, as Friendly to this & the United States, as the Inhabitants of this Commonwealth, of which they nave given the most Incontestible Evidence, by their Constant and Unwearied, Care of our Prisoners, who have made their Escape from the Enemy, Many hundreds of whom they have Supported, at the risk of suffering themselves, & have transported to thia Commonwealth, and Indeed have Given every teatimony their Circumatancea would admit, of their firm Attachment to the cauae of America, Notwithatandins which, ao base. Ungrateful, & Wicked have the Crews of the Small Privateers, & Armed boats been, who have been Commissioned from this Commonwealth, that after bising treated in the Kindest Manner, by sd Inhabitants, they have plundered their Houses, Bobbed them of their property & even added Insult and Abuae. We are a»*-i')ible of the difficulty of diacrlminating between any Inhabitanta who live in any part under tbe juriadiction of Britain, but if poasible & Consistant, with the Safety, of this & the United States, we humbly pray Your honors to Adopt some Measures for the Beleif of these poor, Distress'd peoplOi and as in duty bound shall ever pray. Kathanisl Cubtis and 36 others. 3fass. Archives, Vol. 237, p. 231. tBlonde Book. m Vfb tlie Babscriben hereby certify tbat Benoe tbe Present War, we had the mistortane to tall into the hands of tbe Enemy, xsarrled to Nova Scotia, and made our escape to Tarmoutb, Gape persne, and were Received and entertained there in a very friendly manner, and were conveyed from thence to this state by the Inhabitants of said Tarmoath, and further tbat whenever an American Prisoner in Nova Scotia can get to said Yarmouth he is sore to be entertained well and Sent home, as soon as Possible, this has been the Case ever sence the present war with Great Brltton. May y« 27, 1782. Jakbb Bockuan Jambs Bichabdbom Jambs Hbrbick Joseph Wilkinson Mathbb Lombabd SBWALI. TtJCK Fbancis Lampson Jans Fbamcis Samuel Stone Amos Lbtavoub SI.KANNAH Cobb John Mbbbt Joseph Babbett William Brown James Abbinqton Joseph PicKSBiiia JoNATRAM Felt. Salem, May lOtb, 1782. This may Certify tbat I, Peter Stevens, of Oroton, was taken on board the Ship venus trom Boston Gommanded by Capt TGeorde W.l Babcook. was carried into Halifax put ou Board the prison ship, from which I made my Bscape ; was taken up and put on board tbe Attalanta sloop of war. t made my escape from her travelling towards Gapersue. About six or seven miles from Halifax met a man by the name of Albio who carried me aside, gave me Two Dollars and Directed me on mv Rhode told me tbat If I got to Oapersue to enquire lor one Gapt. Foot who he knew would assist me. I got safe to Gapersue by the help of many friends that I met on the Rhode. I went to Gapt. Foots and staid at bis house some time with several other prisoners. He came on purpose with his boat to fetch us home and refused pay for it, saying that he never made a practice of takeing anything from prisoners in Distress, this is the usage I met with and have reason to Beleive hundred others have received the same from Gapt. Foot. I can but Gratefully Acknowledge bis favours and I sincerely wish that he may meet with Due incouragement and protection from this State. this they and who the tsures To All Gentlemen to whom this may come. Although I have safe returned from the Disagreeable State of a Prison Ship I cannot in G-ratitude pass by ^be favour I have received from the Inhabitants of Nova Scotia who have treated me and my fellow Prisoners with as much kindness as our own friends & Brethren would if they had been in their Glrcumstancea I was taken on the 14tb of April In the Capacity of Cheif Mate of the Ship Lively from this town, Belonging to Thomas Russell, £Hqr— by bia Brittaaick majesty's Frigate the Pandora & carry'd to Hallifax. there with the rest of My Comrades was put on Board the Prison Ship, in this disagreeable place I remained four weeks when an opportunity offerred which we embraced to Confine all on board Si gain our Liberty when some who bad Experi- enced the Kindness of these luhabitants Before, Animating the wrest by saying. If we can only get to the Westward of Liverpool we shall, as it were, be at home,— very true by Experiance On the fiftet,n*h of May I left the Prison Ship with thirty-four of my fellow SufiFerers Leaving on Board twenty men which the boat would not Carry, being so crowded tbat we oould row but very slow, but with some Difficulty we reacht shore the where we landed twenty, tbe remainder of us are here to Acknowledge the favours we one and all have Beceiv'd from the Inhabitants who have in Several Places turned their Children out of their beds to Accommodate us with Lodging which they would not have been Necessitated to do If they had not been so Inhumanly Robb'd by our small Privateers, who not being Content with that but have abused them afterward, that these Bobbers of tbe Defenceless may be Detected is my Earnest Whlsh Jomatham Chapman. Mass. Archives, Vol. 237, p. 22. ^T" The petitioB of the inhabitants of 7armouth and the etforts in tfieit behalf of tlteif Massaohosetts friends were not without avail, for on Jnljr 6th ensuing the Gtoneral Court passud the following Resolve:— BBBOI.VB ON TBB PBTtTION KROH A MlfHBBB OB" tHB tM^ABItANTS OE< TBB TOWNS OV BoSTOtt AND SALBH, PBOHIBITINO COHHANDBBS OB* ABMBD TB88BL8 FBOH MOLBSTINQ TRB FBOFLB OI^ 8HOBK IN THB TOWN OT YABMOUTH, IN THB FBOVIMCB OF NOTA SCOTIA. O)! the petition from a number of the Inhabitants of the towns of Boston and Salem« settlnK forth that the inhabitants of the town of Yarmouth, in the province of Nova Sootia< have during the course of this war shewn themselves of a uniform, friendly disposition towards the subjects of the United States of America, notwithstanding which some persons^ inhabitants of this Commonwealth, void of the common feelings of humanity, have repeated*- ly gone on shore and wantonly entered the houses of those peaceable inhabitants and cruelly Plundered them of their effects. In order to prevent like instances of infaumanity and irbarlty in future, BbsolvbI}, That from and after the first day of August next, no commander of any armed vessel, or other person belonging to this Commonwealth, be permitted to go on shore, within the limits of the town of Yarmouth, in the protinoe of Nova Scotia, and plunder any of the Inhabitants thereof, of any of the a. tides hereinafter mentioned, viz., wearing apparel- household furniture "farming utensils— provisions— live stock— fish or fishing geer--4alt— < boats or shallops, with their tackle and appurtenances— and in case any such commander' or other person shall notwithstanding this resolve, presume to go on shore within the limits of the Bikid town of Yarmouth, and there take or seize any of the articles hereinbefore enumerated, belonging to any of the inhabitants thereof, such inhabitant or inhabitants^ who shall have any of the said articles thus taken, be, and they hereby are admitted, by themselves or their attorney, being a leige subject of this Qovernment, to appear within any Courts of law within this Commonwealth, and there prosecute the same to final jadge^ ment and execution, any law to the contrary notwithstanding. —See Acta & Seaolvea of Mtuiackunette for VtSl, Chap* exit. Commonwealth of { To the honorable the Senate, St the honorable the House of Bepresenta^ Massachusetts j tives of said Commonwealth, in General Court assembled, at Boston/ June, 1782. Thohab Flint, Bbnjamin Bbownb & Jajubs Kbllbt humbly shew That in the beginning of May last, the British Frigate Blonde was ship« wrecked on Seal Island* near the coast of Kova Scotia, at which time said Ship had a large number of American Prisoners on board, who thereby sot permission to return home, but destitute of every kind of Support: Your Petitioners, Inhabitants of Cape persue in Nova Scotia, being Owners of three small Shallops fitted them out and brought up said Americans to this State to the Number of Sixty-five, & supported them all for 13 days at their own Expense, together with three of their own Men in each Shallop who were necessary to navigate the vessels ; And as your Petitioners have not been able to obtain even a Replace' ment of their Provision expended in the Service of returning 66 Seamen to this State, they humbly pray this honorable Court to this State, to take the Premises into their wise Gon^ slderation h direct that such Allowance be made them as to Bight and Justice shall appertain— And that they may have a Safe pass to return T&oKAS Flint Bbnj Bbownb Jambs Kxllbt Commonwealth of Massachusetts. In the House of Representatives June 8, 1782. On the Petition of Thoiias Flint & others Resolved that his Excellency the Governor with advice oi Council be requested to give a •Blonde Bock— ao called from this instance. ili iSff PaSapott to ^tR^^Aitltr ^boWkb, Jaues ^EtLEir it ICbouaA ^tm— to tetdru to theit Babitatlona in Nova Scotia. Also BoBolved that the Oomiasary General fainiah the said Petitlonen Twelve Da]r> Bationa toe 8ixty*five Men. Also Besolved that the Naval Officer for the Port ot Salem Inspect all the Letters 8t paasporti they may carry with them Sent up for Conoarrence Natb. Gobbam, Speaker In Senate Jnne 10, 17S2 Bead & C!onoarred 8. Adahs, Prest Approved JodN Hancock ifa««. Archivea, Vol. 236, p. 474^. ship* large le, but Nova )iicans (r own >ary to splaoe' ), they Con- le shall bnrr Llbt B,1782. give a A maneyfest of things Robed from Sbth Babnxs of Yarmouth, In Nova Scotia hf Lettonant Smothers and Bleven more men balonging to Gapt. Silas Smith in a Small Armed Schooner Belonging to Salam oned by William Nothey Oocter Arklns Patnam ft Williams ot the afore 8* Town of Salam on friday Night y« a6th ot Aprel 1782 at about ton of the Klock they bsot my hoos with armes ft Outlasses and began to Bansaok the Same with Bage ft took the artacles as follows from my hons.-> (Here follows an inventory of the articles taken, including schooner and sails, valued at £240 ; C 130 qtls, codfish Valued at £234 ; together with a long list of household supplies and inerohandise of Unique Variety, the whole being valued at £842-104),— a tidy som for those times.) This manifest was probably drawn up by Capt. Barnes to be used in connection with a petition for redress which he addressed to the General Gourt of Massachusetts. The petition , unfortunately, is not to be found, but the action of the Oonrt upon it is given below. Mr. Barnes' petition was nndottbtodly a prime factor in the legislation in favor of the inhabitants of Yarmouth, as given in our preceding chapter. Gommonwealth of Massachusetts, In the House ot Bepresentetives, June 17, 1782. Upon the Petition of Sbth Babkes of Yarmouth in the Province of Nova Scotia. Whereas it appears to this Court, that the inhabitants of Yarmouth, in Nova Scotia, have in a variety of instances shown a dlHpusition of the most pacific and friendly tendency to the subjects of the United States, and have not taken any oath of allegiance to the Crown of Great Britain, and ought to be held as in amity with this Stete : And whereas certain persons in the private armed schooner Dart, on the night of the BSth of April last, took a schooner loaded with fish, and owned by the petitioner " then lying without sails in the harbour ot the said Yarmouth, and in a most outrageous manner, broke into the house of the petitioner and took and carried off a variety of provisions, contrary to the true intent and spirit of their commission, and to the dishonour of the government under which they held their commission : Therefore, Besolved, that the said Beth Barnes, be, and he hereby is authorised and empowered, to appear in any Maritime Court, and Claim any property taken as aforesaid, and institute and persne to a final judgement and execution, such suits in the Courts of common law, as may enable him to recover and receive all such property : and that in all Courts, whether of a maritime or common law jurisdiction, he be, and hereby is empowered , to exercise all the rights and privileges, as far as shall respect such property, as fully as If he was an inbabitent ot this Commonwealth ; and the Courts aforesaid are hereby required and authorised, to allow him all the advantages and rights of a party in the said Courts, the 128 same m it the said Scth Basnib was a liege sabjeot of this C!oinmonwealth, any law or resolve to the contrary notwithstanding. Sent up for Goncnrrenoe Nath Gobham, Speaker. In Senate Jane 19, 1783 Bead & Ooncorred S. Adaus, Prest Approv'd JOHH Hakcock. Maaa. Archives, Vol. 237, pp. 17-20; also Acta a7id Resolves of Massachiuetts for 1782 CIuip. xlvUi. Armed with the authority thus provided him Mr. Barnes instituted legal proceedings at Salem for the recovery of his property. But his efforts were without avail. We can easily understand his meagre chances of success when we note that his despoilers were men of prominence and of considerable influence in the community. It apparently was of little importance to the jury that the plaintiff had been unjustly deprived of his property. The defendants were their fellow townsmen, one of whom, George Williams, represented them in the Oenm-nl Oourt. We can therefore understand the feelings prompting Gapt. Barnes to petition the Q eneral Gourt as follows : Gommon wealth ) To the honourable the Senate, and the Honourable House of Bepre- of Massachusetts ) sentatives. In General Gourt Assembled at Boston, July, 1782. SsTH Basmbs humbly sheweth That he is an inhabitant of Nova Scotia and having lost a very considerable Property which was taken from his house in Yarmouth, he came into this State, claimed the property so taken, but the same being condemned ; he is desirous of returning home to his unfortunate Family with a full Determination of removing them into this State from the predatory Attacks of unfeeling Sailors, who, ':^i med against enemies in Arms, take advantage of their Gommissions to carry Devastation to the fire Bides of the defenceless. He therefore humbly prays this honourable court to grant him permission to return to Yarmouth in a small Vessel and to have a pass to take with him a Barrell of Flour, one of Bum and one of Coffee, which are much needed in that place. Ard your petitioner shall ever pray Sbth Babnbs, Commonwealth ) of Massachusetts j In the House of Bepreaentatives July Ist, 1782. On the Petition of Sbth Babnbs Beaolved that the said Seth have & he hereby has Permission to return to Yar> moutn in Nova Scotia in any Yesaei to whom a Safe Conduct may be granted, & to take with him one Barrel of Flour, one of Bum Sc one of Coffee. Sent up for concurrence Nath Gobham, Speaker lu Senate, July 4th 1782. Bead & Concurred S. Adams, Pres'd Approv'd Jobit Hancock Mass, Archives, Vol. 237, p. 210. m StiBolk— To his excellency the Governor & the honbi* Oonnci'i of the Gommonwealth ot Maaaachnsetts. This may certify yonr Ezcelly & Honors that Stbfhen Eijdbidob and Eusba Bldbidob are bronsht before me, the Bnbecriber, one of the Jnatices of the prase in & for said Gounty by Nathl Barber, Esqr— one of the Committee of Correspondence, Inspection & Safety for the Town of Boston in said County— th« said Nathl praying from their going at large in Boston aforesaid, & snggpsts to me that he hath reason to suspect that they & each of them, are Inhabitants of the Province of Nova Scotia & Subjects of the kibg of Oreat Britain & that neither of them have any permission from your Excellency & Honors or any other Legal permission to come within the jurisdiction of this Commonwealth— but have presumed to come in contempt of a resolve of the m Comtnonwealth, on the twenty-fourth of Jan'y this Current year, of all which complaint against them, the said Stephen & EKsha, they have been certified by me and required to say whether they are Inhabitants of sd Nova Scotia & Subjects of the sd King of Oreat Britain, to which they, & each of them reply and severally plead & say that they are Inhabitants of sd Nova Scotia, & Subjects of sd King of Great Britain, & that they have not obtained Legal permission to come within this Common - wealth. Wherefore tis considered by me, the said Justice that they the Said Stephen Bldridge & Elisha Eldridge be sent to your Excellency & Honors for further examination in (he premises that yr Excellency may take such further order, relative thereto, as to Law & Justice shall appertain, for which purpose I herewith bond the sd Stephen & Elisha by Josiah Simpson— one of the Constables of the Town of Boston aforesaid. Given under my hand and seal at Boston aforesaid the first day of July Anno Domini seventeen hundred and eighty two JosBPH Gbbbnlbaf Justice Peace Commonwealth of Massachusetts July 2. 1782. In Council July 2, 1782 Whereas Stbfhek Eldbidgb and Elisha Eldbidob, having been adjudged to be In- habitants of Nova Scotia by Joseph Greenleaf, Esqr of Boston, one of the Jnstices of tho Peace in & for the Gounty of Suffolk and on this day were brought before the Governor and Gouncil for further examination, after hearing the said Stephen & Elisha, It appears that they were captured by Capt. Babcock in a small Vessel & that the said Stephen & Elisha were put on Board the Prlee as Prize Masters* : that their Intentions were to come to Boston for the purpose of conveying Capt Lee, who had been a prisoner in Nova Scotia to Salem, and to pay a ransom for their Vessel. Whereof it is considered that the said Stephen & Blisha Eldridge be discharged and they are hereby directed as soon as thev have accom- plished their business relating to their payment of the Ransom of their Vessel, to depart this Gommonwealth & they I Jtve Liberty to carry such Provisions as are sufficient for their voyage to Nova Scotia Attest Mass. Archives, Vol, 178, p. 440-1. John Avbbv, D. Secy. Kbwbcbtpobt ISth August 1782. May it please your Excellency I have In the course of my Dutv as a Naval Officer of this Commonwealth, Seized a certain small Schooner Commanded by William GbBbmWood from Barrlngton in Nova Sootla with part of a load of Fish on board. I conceive it a part of my Duty allso to Inform your Excellency of some Circumstances attending this poor man & his inducement for ooming here. Six men belonging to this State, came to his nonse destitute of provisions & •It is difficult to understand how the Messrs. Eldridge oonld act as Prise Masters over their own property. Ferliaps some other meaning is intended . 190 money, said they bad been prisoners & Escaped 8c were tben on tbelr way home, which they could not accomplish without his assistance, was much importuned and assured there was no danger, that he miKht bring up a load of dry fish and carry Necessaries tor their families, that he at Last Reluctantly Oomplyed, and that be was freighted by 30 families who were much Distressed, these I belieave to be facts. I have proceeded officially, and shall libel her agreeable to Law ; unless yr Excellency in Council (under these Oiroumstances> shall be pleased to Order otherwise. I am with all Respect yr Excellency's most: Hnmble Seryt M. HODGB. To His Excellency John Hancock, Esqr Aug. 16. 1782. His ExcAii<«ncy communicated a letter to the Oouncil from Michael Hodge, Naval Officer of the Port oi Kewbury Fort dated the 11th inst., relative to the seizure of a Vessel with part of a load of Fish belonging to Wm Oreenwood from Harrington in Nova Scotia. Adtisbo that the Secretary be directed to write the Naval Officer for the Port of NeW' bury Port to keep possession of the Vossel & Fish but not to proceed any further in the matter till the General Court meets in order that Mr. Oreenwood may represent his Case to the General Court their Next Session. True Extract of tho Minutes of the Governor & Council Attest John Atkrt Secy Mast. Archives, Vol. 237, p. 301. To the Honble Senate and Honbia House of Representatives of the Commonwealth oi Massachusetts in General Court Assembled at Boston September 17P.?. The Petition of W11.1.1AH Gbbenwood of Barrington, in the Province of Nova Scotia,-^ Humbly Sheweth That on the second day of August last he sailed from said Barrington in a Small Scbooner of about Twelve Tons bound for Newburyport with Six American Prisoners All of whom, being destitute of Money and friends he generously furnished them with their jfer.f.s:-%ry Stores out of his own Private Stock, without receiving any pay for the same, upon their representing to him their distressed situation. He also put on board said Vessel about One hundred Quintles of Fish, the property of Thirty-three different Families there, and arrived at Newbury Port about a month ago, and in a few Days after their Arrival the said Schooner and Fish was Seized by the Naval Officer of said Port on Account of a Resolve of Congress forbidding any Trade to be carried on with the people of Nova Scotia, as your petftr was then inform^ ; of which Resolve your petnr was Totally ignorant. Tour petitioner has proved himself a faithful Friend to the Cause of America, and has suffered very much on Account thereof. And he humbly conceives this Honbia Court will see it to be reasonable that he should be dealt favourably with. Your petitioner therefore humbly prays that this Honbia Court would be pleased to take his distressed case into their Serious and Compassionate consideration and be pleased to relieve him by ordering the said Schooner and Fish to be restored, or relieve him from his present Troubles in such way and manner as your Honors in your known Wisdom and goodness shall see meet And as In duty bound shall pray &c. Wnubxi QumaarwooD Boston Sept. 10, 1782. I, Zbbulom Rowb, of Newburvport, of Lawful Age, depose, that, about the tenth day of May last, I sailed from Newbury It irt in the Privateer Schooner Fox, on a Cruize against the Enemies of the United States ot America. That on the second day after we sailed from Georges River we were Captured by the British Frigate Ceres & carried into Halifax ft 181 ZxBCLOS Bob ^'tJfil'i?;*^'^"*" 2J. "82. Then the aforenamed Zebulon Kowe personally appeared & ffihB Tr1,?S'™'idJ *^TV*°"♦? *?^*t°^? cautioned to testify the whole Truth TSn? out the Truth, made oath to the truth of the aforewritten Deposition bv him anlM^riiiiMr S*'JS« sta?* ^/SS*"* 0' William Greenwood to be used before thJg^n.GeneSlffiS ?'i,J*** 5*.**?.°' Bfassachusetts. The said Deponent being bound to Sea is the C«n«r^ SlISfd^MnS'Sien^!"'""^ =°''««' N-»^Offlcer of ?he p"o°5 ^f %'Hl^y J^rTwS Taken in due form of Law by me NATHL PlKB, Jiut. Pac. Commonwealth of Massachusetts J In the House of Bepresentatives Sept. 23 1782. On the Petition of William Geeeitwood, of Barrlngton, in the Provinoe of Nova Scotia permit tKrwffim*''^rerwtrto°¥e?art^?r^^^^^^^^^ 1» tots uJlSdltiS^' "'°^""" *° '^•'"'^ " belonged-they beJg re^esKd « US fSM be ptYb? tra*'jrS?w^Sd'' °''°" •«» been at in the approved discharge of hi. duty, to Sent up for ooncnrrenoe In Senate Sept. 24, 1782. Bead & Goncnrred S. Adams, Presidt Approved John Hancocs. Natbanibl Oobbau, Speaker w 182 OHAFTBB XXXn. The enactment of the Besolve of Jnly 5, 1782, by the Qreat and General Court of Maasa- obnsetts, whereby farther molestation of onr people by American Privateers was prohibited, seems to have had its desired effect, and the Archives of Massachusetta contain no farther complaints from oar people. The dawn of Peace was already brightening the political horizon, and the passage of the following Act whereby trade relations with the sabjecta of King George III, were resamed, made legislation and the consequent nomerous petitions, depositions, certificates, etc., no longer necessary. Gommonwealth of | Massachasetts ( The Committee of Both Houses, appointed "to consider and report what measures may be proper to be taken respecting any Vessels that have Arrived or may Arrive into the harbors of this State from the Dominions of Qreat Britain," Beport the following Besolve. JoBR Pitts, pr Order. Whereas there is a prospect that the Diflntive Treaty of Peace between the United States of America and Great Britain may soon arrive, and it appears necessary that until a Treaty of Commerce shall be Settled and Concluded upon, It is Expedient provision should be made for the Entrance & Clearance of Vessels that have Arrived or may Arrive from any part of the Dominions of Great Britain into any of the Ports or Places of this Common- wealth. Therefore Besolved that permission be granted for the Entry and Clearing out of all Vessels that have arrived or may hereafter arrive within this Commonwealth from any Port or Place under the Dominion of the King of Great Britain. And that all Kaval Officers be & they are hereby authorized and empowered to admit such Vessels to be entered and cleared out at their respective offices and to give permission for the landing of the Goods, Wares or Merchandize imported in them, the Masters or Commanders thereof Complying with all the Laws and Begulations of this Commonwealth respecting trade and Navigation. And all Goods, Wares and Mevchandize imported in such Vessels may be sold anywhere within this Commonwealth the Duties thereon lu common with those of any other Nation being first secured to Governmont— Any Law or Besolve of the General Cottrt to the contrary not- withstanding. In Senate June 4th, 1783. Bead & Accepted, Sent down for Concurrence In the House of Bepresentatives June 4, 1783 Bead & Concurred Approved John Hancock Sahukii Adaus, Presd Tbutbah Dalton, Speaker mmm 138 To the Htudunt of history, the doonmenta of which this series is composed present many phases of unique interest. The peculiar conditions under which our people labored during the soni-trying period of the Revolutionary War are food for careful study and serious con- templation, and it is greatly to be desired that their motives should be fully understood before any of their actiouH are condemned. History is too often written, as well as read, with prejudiced minds. Many of us have experienced feelings of disappointment upon finding the cherished traditions of our ancestors' " loyalty " rudely dispelled by the documentary evidence to the contrary, over their own signatures, printed in the foregoing chapters of these " Annals." But we should remember the truth of the old axiom that " Self-preservation is the first law of nature." What man is there, who, seeing his loved ont-s Buffering for the bare necessities of life, would stop to consider the political aspects of his couduot in procuring the means to relieve the distress and want of those dependent upon him ? After having been the annalist of our early settlers, it is far from the writer's intention to become their apologist, nor does he feel that any apologies are called for. Their actions speak for themselves. Where in all history can one find the records of a people so tilled with magnanimity towards their persecutors? If any one will take the trouble to look up the records of many of the fugitive American prisoners who were fed, lodged, clothed and assisted to their homes by our people, he will find that they previously had been employed in plundering and abusing the very people of whom they now besought aid and comfort. In for'onlating a plan for the presentation of these historical documents, the writer felt strongly tempted to use them as the bases of a series ot narrative sketches, of the events and conditions which they so picturesquely describe, but with the advice of Mr. William Prescott Greenlaw, the able Anslstant-Librarian of the New England Historical & Genealogical Society, he was convinced that the only way for their proper publication was to print them in their entirety— verbatim et literatim Many of the papers, whose contents are herein repro- duced, are fast yielding to the corroding hand of time, and In a few years will be wholly illegible. In the multiplicity of copies made possible through the Hbbald press, the knowledge of our ancestors' peculiar political environment has been preserved to future generations. The writer has now reached the end of his task. From the beginning he has felt himself to be incompetent to do justice to the work, but if his efforts have added anything to the store of knowledge concerning those heroic souls, who madd possible the comforts and prosperity their descendants now enjoy, he will feel that bis labor has not been in vain. Bdmund Duval Poolb, 242 Massachusetts Avenue, Boston, Mass. THE EMO.