USA > Rhode Island > Providence County > Providence > State of Rhode Island and Providence Plantations at the end of the century : a history, Volume 2 > Part 42
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cotton and coffee) . . Diamond, William Chace.
August 17-Nine prizes in Newport
awaiting condemnation.
Bark (sugar and rum) Montgomery.
Rover . Montgomery, Daniel Bucklin.
Swallow . Snow Bird, Israel Anderson.
Brig Fanny. .Independence, Whipple.
Betsey Montgomery, William Rhodes.
Cool and Easy Montgomery, William Rhodes.
Nov. 30-Endeavor.
Montgomery, Thomas Rutenbergen.
Dec. -- Frank.
Montgomery, Thomas Rutenbergen.
Brig Rice Pongas. The Eagle, Barzellia Smith.
Friendship ( transport) Independence.
Live Oak. Diamond, Thomas Stacey.
April 9-Brig and sloop from protec-
tion of Scarborough. Row Gallies.
The Crawford.
Thomas Stacey.
Ship Woodcock Diamond, Thomas Stacey.
429
THE SEA TRADE AND ITS DEVELOPMENT.
CAPTURED VESSEL. CAPTOR. MASTER.
Oct. -- Hannah.
Favorite, Abner Coffin.
Paisley Greenwich, Job Pearce.
Brig Mary and Joseph. . Montgomery, Thomas Stacey.
Nov. -- Phenix.
. The Greenwich, Job Pearce.
Aug. -- Triton. .Montgomery, William Rhodes.
Brig Bee.
Montgomery, William Rhodes.
Westmoreland
Esek Hopkins.
Georgia Packet, condemned August 17.
Speedwell, condemned Aug. 17. Cargo of Brig Union
, James Monroe.
Sept. 2-Star and Garter
.Diamond, William Chase.
Mar. 26-Cabot.
True Blue, Elisha Herman.
Sept. 27-Ship Union.
.Hawke, Arthur Crawford.
Oct. 4-Ship Belle
The Greenwich, Job Pearce.
Sept. 21-Ship Thomas. . The Hawke, Arthur Crawford.
April 11-Georgia Packet.
Row Galley, John Grimes.
Sally
The Joseph, John Field.
Dec. 3-The ship Jane. Property Montgomery, Rutenberger.
Oct. 1-British transport and supply. . The Independence.
Dec .- The Syren wrecked on Point Judith. The Sisters and The Two Mates were condemned in 1777.
Mar. 11-The Two Brothers, with cargo of provisions, was driven on shore at Westerly. The Kingston Packet.
1778.
Aug. 8-The Fanny . The Hornet and Seven Brothers.
Aug. 8-Peggy .. The Dolphin, Isaac Tyler.
Brig Sally . Yankee Ranger.
Delancy Dolphin, Isaac Tyler.
1779.
Harlequin Glasgow
Mifflin, George W. Babcock.
Jan. 14 .- Molly's Adventure (recap-
.Hornet, Charles Jenckes.
Sept. 9-British supply boat-four
boats.
The George, The Thomas. . . Captured by Col. Christopher Greene.
Dec .- Britannia
.Joseph and Jonathan.
Rebecca
1780.
Barrington General Washington, James Monroe. Joh
Aug. 28-Le Committe, recaptured with cargo valued at £31,745 ster- ling, by the. Randolph.
Industry Revenge.
Spitfire
, James Monroe.
Surprise
-, Silas Talbot.
Le Compt.
.Hancock, Peter Richards.
ture) Dolphin -, Sion Martindale.
430
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
1781.
CAPTURED VESSEL. CAPTOR. MASTER.
Rochester ( brig)
. Young Cromwell, Jonathan Buddington
Jan. 4-Phoenix.
. Marquis de Lafayette.
Brig Rose. . Success, John Hopkins.
Sept. 24-Rachel.
Hope, C. Smith.
Jan. 2-Betsey
Morning Star, Jonathan Richards.
April 16-Union.
. Protection, John F. Williams.
Brig John.
Protection, John F. Williams.
James Jonathan Buddington.
Aug. 30-Sally Assurance, Isaiah Cahoone.
1782.
America-recaptured.
Fair America.
.Rochambeau, Oliver Read.
Dec. 1-Defiance-recaptured. .. Young Scammel, Noah Stoddard.
Oct .- Truncator
.. Surprise, Benjamin Warren.
Friendship
Modesty, Alfred Arnold.
True Briton
Deliverance.
Manly
Deliverance.
Squirrel
. Young Scammel and Hero.
Fox
. Hero, Oliver Read.
Oct. 12-Fly.
Mar. 19-Tyron
John Scranton.
New York Packet. Patty, Alfred Arnold.
Speedwell , William Brown.
March 17-Leopard.
Rochambeau, Oliver Read.
Sept .- Hamburg
Polly, Alfred Arnold.
Mar. 7-Cool and Easy. James Prior.
Mar. 26-Hope. Polly, Alfred Arnold.
Providence-recaptured Alfred Arnold.
In court March 3, the Rebecca, the Mercy and the Patty were con-
demned as lawful prizes, and the
St. James was condemned near the same time.
Feb .- Leopard . Success.
Rochambeau, Oliver Read.
Jan .- Lion Spy .Rochambeau, Oliver Read.
The foregoing lists of captures by no means include all the vessels brought into the Narragansett Bay ports. Providence was the prin- cipal port during this period, as Newport for three years, from late in 1776, was in the possession of the British fleet. The reports of the Admiralty Court held at Providence show that many important cap- tures were brought into that port. The Independence, owned by Nicholas Cooke and others, and commanded by Jabez Whipple, cap- turned, August 14, 1776, the ship Aurora and brought her to Provi- dence, where the ship and cargo was condemned and ordered to be sold by the sheriff at vendue. Her cargo was sugar, rum and cotton from St. Vincent's to Glasgow. The brig Fanny, mentioned in the
Insurance, Isaiah Cahoone.
431
THE SEA TRADE AND ITS DEVELOPMENT.
preceding list, was also one of the prizes of the Independence and was condemned at the same time as the Aurora. The brigantine Sally, cap- tured by John Warner of the privateer sloop Yankee Ranger, with a cargo of sugar, whalebone, oil, etc., from Antigua to London, was con- demned in the Admiralty Court at Providence and vessel and cargo ordered to be sold at auction. Warner was a partner with Mr. Rhodes and the Yankee Ranger was one of the most celebrated of the priva- teers. She captured also the brigantine Bee, August 1, 1776, and other prizes. Despite the vigilance of the British cruisers at the mouth of the bay, the Providence privateers captured many prizes and successfully ran the blockade of the fleet.
During the War of 1812, Bristol took the leading part in sending out privateers. Capt. Simeon Potter, who, in the Prince Charles of Lorraine, carried on private war against the Spanish settlements in the West Indies and the Spanish main during the Spanish and Span- ish-French wars, was a native of Bristol, and his subsequent ventures in privateering, commerce, and the slave trade did much to bring the place into prominence as a port. A young man, Mark Anthony De Wolf, was with Capt. Potter on this celebrated voyage in 1744-5, as clerk or supercargo. He afterward married one of Captain Potter's sisters, who inherited a large share of her brother's fortune, and they founded a family which has since continued to be prominent in the history of Bristol. James DeWolf, the son of Mark Anthony De Wolf, was a very successful merchant. He was actively engaged in general commerce and in the slave trade in the early years of the nineteenth century. He probably had more capital and vessels en- gaged in the latter trade than any other Rhode Island merchant. When the War of 1812 broke out he directed his energies to privateer- ing. "The Yankee", a vessel in which he owned a three-fourths interest, set sail on her first voyage July, 1812, under command of Capt. Oliver Wilson. "In three years she had taken more prizes than any other American privateer ever captured; she had destroyed British property amounting in all to almost a million pounds and she had sent into Bristol a round million of dollars as the profit from her six cruises."1
Other privateers which sailed from Bristol during this war were the Hiram, Blockade, Macdonough, Water Witch, Yankee Lass and Ram- bler, whose records are in existence; and others, the Brutus, Saranac and Curlew, which are known to have gone from Bristol, but whose
1Munro's History of Bristol, pp. 302-311.
432
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
papers cannot be found. Only one of these privateers was successful, the Water Witch, and she sent in one prize.
In privateering, as in the slave trade and general commerce, New- port was conspicuously in the lead during the colonial period. At the time of the Revolution, Providence had secured a large proportion of the commerce, and because Newport was in the hands of the enemy, she was the center of the privateering interest. In the War of 1812 Bristol seems to have been the principal privateering port, owing chiefly to the enterprise of James DeWolf. Providence, however, sent out some privateers at this time, but few in comparison with the Revolution.
The story of privateering as here narrated has been presented con- secutively in order to give at one view a connected idea of its influence on the evolution of the commerce of the Colony and State. This war- like enterprise on the part of Rhode Island merchants had not only an important economic effect, but also far reaching political results which redounded to the lasting benefit of the country and people. Dur- ing the Revolution, says Judge Staples, "many of the resources of the American army and navy were obtained by means of these [priva- teers], and most of the foreign merchandise in the country was intro- duced here through their agency. By touching the pockets of British merchants, they did much toward influencing the British government to acknowledge the independence of these States, and to conclude peace with them. Privateering was almost the only business in which American merchants could employ their vessels. Patriotism and pri- vate interest concurred in urging them to pursue it vigorously. Good men of those days never hesitated to engage in it on account of any supposed moral wrong which it involved. Such an objection is of modern date. I would not be understood as justifying privateering. I only desire to restore it to its proper rank. The same code which says thou shall not steal, says also, thou shalt not kill."
Among the important influences in modifying the development of colonial commerce were the Navigation Acts. These were framed in the interests of English merchants, their intent being to secure to British shipping the monopoly of the home trade. The author of the first navigation act was George Downing, of Salem, and it was passed by Parliament October 9, 1651. One of the results aimed at "was to weaken the overwhelming commercial and naval power of Holland, then the carrier of the world and mistress of the seas". This result was accomplished, partly as a consequence of the policy put into
433
THE SEA TRADE AND ITS DEVELOPMENT.
operation by the acts, but more largely undoubtedly because of the indomitable energy of the English adventurers, whose force was at this period directed into the domain of commerce.
The act of 1651 was remodeled in 1660, and the clause was inserted that "no merchandise shall be imported into the plantations but in English vessels, navigated by Englishmen, under penalty of for- feiture". Many articles chiefly produced in America could only be exported to England or countries under the rule of England. These "enumerated commodities" included sugar, tobacco, cotton, indigo, ginger, fustic, dyewoods, naval stores, etc., and the list was added to from time to time. Goods not thus mentioned could be exported to foreign countries, but only to points south of Cape Finisterre.
"In 1663 another act confined all colonial imports to English bot- toms, except salt for the fisheries, wine from Madeira and Azores, and provisions from Scotland and Ireland. All imports not excepted paid five per cent. on a valuation fixed by adding five per cent. to cost at place of export. Colonists would thus be compelled to send their best wares to England only and to buy of England alone every foreign article needed for their own consumption, wherever it might be pro- duced."1 These acts tended to cripple colonial commerce, but they were never rigidly enforced. When in the middle years of the eight- eenth century attempts to enforce them were made, strenuous oppo- ition was encountered, which resulted in alienating the affection of the colonies for the mother country, and in precipitating the Revolution. The controversies resulting from the attempts to enforce the acts were a potent means of education for the colonists, and undoubtedly brought them to a realization of their rights and opportunities much sooner than otherwise would have been possible. Thus, while perhaps at times they lost in actual wealth by the attempts to enforce the acts, they gained an experience which they were eventually able to trans- form into the most substantial benefits.
The English government, by royal edict in 1681, notified the Amer- ican colonies of its determination to enforce the navigation acts. In response to this mandate the Governor and Council established a cus- toms house at Newport, April, 1681, and their action was confirmed by the General Assembly the following year. In 1693 the Board of Trade issued a circular to the colonies, calling attention to the fact that the navigation acts were generally disregarded, and Rhode Island was included in this condemnation. In reply to this complaint Gov.
"Weeden's Economic and Social History of N. E., p. 232.
28
434
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
John Easton wrote "that the collector [of customs], Jahleel Brenton, would shortly be in England and would represent the fact that for want of proper forts in the bay it was difficult to enforce the naviga- tion acts."1
The right to establish admiralty courts for the condemnation of prizes brought in by privateers was in principle a prerogative of the home government; but the American colonies, and especially Rhode Island, assumed this function and, without scriously intending to do so, thereby provoked a great deal of antagonism with the English authorities. The operation of the colonial Courts of Admiralty made privateering easier and more profitable; but at the same time they operated against the enforcement of the navigation acts, as they en- couraged indifference to their provisions and also erected an inde- pendent tribunal for matters that the colonists at first regarded as outside the jurisdiction of the acts. The first Admiralty Court was instituted in 1653, at the time when the first privateer commissions were granted, and it consisted "of the general officers and three jurors from each town".2 Governor Sanford, in his replies to the inquiries of the Board of Trade in 1680, said that "concerninge the court of admiralty wee answer that we have made provision to act accordinge to the Laws of England as neare as the constitution of our place will beare, havinge but little occasion thereofe".
The General Assembly, on January 7, 1694-5, established an Admi- ralty Court by a special act. This enactment, as well as the one imposing import duties passed in 1696, the tonnage act passed in 1690, and the act regulating the sizes of casks and barrels passed in 1693, all indicate that the Narragansett Bay colonies were actually in a large measure independent. The admiralty act is unique in its phraseology and is worthy of quotation, since it shows the spirit that animated the colonists at that period. They evidently had no desire to antagonize the home government, but were only anxious to do what was best for all concerned; and they conceived that they could accomplish this object by acting as representatives of the crown in accordance with their own interpretation of the charter. King William's War was then going on and the condemning of prizes brought in by the priva- teers, which at that time had begun active operations, was likely to be an important and extremely necessary procedure. The following is the admiralty act :
1Arnold's History of R. I., vol. 1, p. 530.
2Idem, vol. 1, p. 24.
435
THE SEA TRADE AND ITS DEVELOPMENT.
"Admiralty Act of Rhode Island, Passed Jan. 7, 1694-5.1
"Whereas, Captain John Hore commander of the Dublin frigate of Jamaica hath by virtue of his commission granted by the Right hon- ored Sir Wm. Beestow, Knt. their Maj'ts Lieut .- Govr., Commander in chief in and over their Island of Jamaica and other the territories depending thereon in America and Vice Admiral of the same, bearing date the 21st day of January, 1694, hath taken a Prize from the French, his Majty. publick Enemies, subjects to the French King, as appears by evidence of the Boatswain, Quarter-Master of the said Prize, and prays condemnation of said Prize and goods unto her belonging of the honored Govr. of their Majts. Colony of Rhode Island and Providence Plantations. and the Govr. Dep. Govr. and Generall Councill takeing the presentation and request of Captn. John Hore and Compy. into their serious consideration having not, since the grant of our gratious Charter from King Charles the second of Blessed mem- ory, had the like occasion for precedent, and seeing a necessity in these times of War to encourage those who serve his Majty. against his publick Enemies, doe conceive that by virtue of our Charter giving full power to act in all things for the preservation of his Majtys. subjects and the Honor of the Crown of England, doe judge although in express words in our Charter we are not called nor mentioned an Admiralty, conceive we are in like manner authorized, and finding a necessity to encourage as aforesaid doe deem the General Council of this Colony to have the power of Admiralty of this Colony, that there may be a foundation laid to assist his Majts. subjects in these times of Warr until his Majtys. pleasure be further known.
"These above written is voted an Act of the General Councill and is allowed and approved of by the General Assembly of the Colony, sitting on the 7th day of Janr. 1694, that the General Councill in such cases shall be deemed an Admiralty Court for the condemning of prizes, and other seafaring actions as occasion shall require.
"The above is a true copy, as attested,
"Weston Clarke, Secretary."
In 1696 the home government decided to establish Admiralty Courts in the American colonies for the purpose of preventing the existing irregularities in regard to privateering and also to aid in the enforcement of the navigation laws. Jahleel Brenton returned from England late in 1697 and brought a commission to Peleg Sanford as judge of admiralty. He was also authorized to administer to the governor the oath required by the acts of trade, but Gov. Walter Clarke, being a Quaker, would not comply. The governor also op- posed the establishing of the Admiralty Court, but in this he was not sustained by the Assembly.
1Arnold's Hist. of R. I. vol. 2, pp. 48-49.
436
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
The course of Governor Clarke evidently did not meet with ap- proval, as when a new administration, with Samuel Cranston as gov- ernor, came into power in March, 1698, an address to the king was prepared explaining and excusing the action of the Colony. The assumption of admiralty jurisdiction was defended during King William's War on the ground of necessity, and at the same time the confession was made that the Colony had been remiss in observing the navigation acts. This action was no doubt prompted by the fact that a royal letter the previous year addressed to the colonies had threat- ened the abrogation of the charters if the navigation laws were not observed. Nonc too soon did this change of front occur, for the Board of Trade, in December, 1698, in an address to the king, made very definite charges against Rhode Island, enumerating "the refusal to take the oaths; their encouragement of illegal traffic; their assuming admiralty jurisdiction to themselves and resisting it from the crown, with other flagrant acts of disloyalty, and recommending that a com- mission of inquiry be sent to Lord Bellomont to examine into these matters with a view to the issuing a quo warranto against the char- ter".1 This inquiry was at once ordered and the Colony was as a consequence in great danger; Lord Bellomont pressed the charges against Rhode Island with great ability, not only in regard to the violations of the acts of trade, but also in relation to privateering, piracy and local questions of administration. The letter of Governor Cranston to the Board of Trade, in reply to the charges of Edward Randolph, and the exertions of Mr. Brenton, later collector of New- port, then in England, and who was appointed colonial agent in 1699, helped materially to prevent disaster to Rhode Island ; but it is doubt- ful what would have been the outcome had not "the death of the Earl of Bellomont at New York, March 5, 1700-1, removed the most formid- able opponent to the charter of Rhode Island who had ever ruled in New England."2
The imminent danger thus averted by the death of Bellomont no doubt prompted the action that was taken by the General Assembly in May, 1701. "A bill to sustain the governor in enforcing the navi- gation act was passed. It required all shipmasters to enter at the collector's office before breaking bulk; to report their passengers and to obtain permits for shipping seamen belonging to the Colony ; that none but the regular boarding officers should approach any vessel off
1Arnold's History of R. I., vol. 1, p. 544; Historical Magazine, vol. vii, p. 112.
2 Arnold's History of R. I. vol. 1, p. 558.
437
THE SEA TRADE AND ITS DEVELOPMENT.
the port without leave from the governor, or two assistants; that the governor should establish a naval office, the fees of which were to be stated by a general council; that foreign traders, residing for one month in the Colony, should be subject to taxation as other inhab- itants; that the commander of the fort, to be appointed by the gov- ernor, should have power to bring to any inward bound vessel by the usual modes, and that the tonnage law enacted ten years before should remain in force."1
Joseph Dudley, the royal governor of Massachusetts, had been appointed in 1701 vice-admiral of Massachusetts, New Hampshire and Rhode Island. In his official capacity he attempted to interfere in Rhode Island affairs, particularly in admiralty matters, the chief instance of which was in the case of the three French ships captured by Capt. John Wanton in 1702, and condemned in the long-established Admiralty Court at Newport. At Dudley's suggestion the Board of Trade asked the attorney-general whether Rhode Island, by passing the admiralty act in 1694, did not assume such powers as justified the repeal of her charter. Although the answer was in the negative, the suggestion was made that the act be repealed and an order in council to that effect was immediately passed. In addition a letter from Queen Anne was sent to the governor and council, directing that all admiralty matters be placed in the hands of Governor Dudley as vice- admiral of New England.
The repeal of the admiralty act does not seem to have settled the question, for the Rhode Island authorities still continued to exercise admiralty jurisdiction, as was illustrated in the affair of the brigan- tine Charles, Capt. John Halsey, which in June, 1705, had brought in a valuable Spanish prize from the West Indies. But ultimately the Admiralty Court acted under the jurisdiction of the home government. The quarrel with Governor Dudley seems to have rested until 1722, when disputes as to admiralty jurisdiction between Rhode Island and Massachusetts came before the Lords of the Admiralty, but no final settlement was made. Evidently the court at Newport continued to exercise jurisdiction, to condemn the prizes brought in by the priva- teers and to aid as public opinion would permit in the enforcement of the navigation acts.
The first judge of admiralty, Peleg Sanford, died in 1701. Nathan- ield Byfield was judge in 1705 and doubtless held the position many years, as he was in office in 1729 and also in 1733 at the time of his death ; but John Menzies was appointed judge December 26, 1715, and
1Arnold's History of R. I. vol. 2, p. 3.
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
was, at his death in 1728, succeeded by William Whiting; George Dunbar succeeded Nathaniel Byfield in 1733. Samuel Pemberton was appointed judge March 22, 1741, but was superseded by Leonard Lockman August 24, 1741. William Strengerfield became judge of the court December 15, 1747; Robert Lightfoot April 20, 1753; John Andrews held the office from 1761 to 1763 and probably until 1768; Robert Auchmutty was appointed October 17, 1768.
The Rhode Island authorities continued to act in a very independent manner in regard to the observance of the acts of trade and complaints were made against them from various sources. Caleb Heathcote, gov- ernor of the colony of New York, in a letter to the Board of Trade in 1719, charged that the Rhode Islanders opposed the king's officers and considered them public enemies because they interfered with the "full freedom of illegal trade". He also relates how some smuggled claret, which had been seized at Newport by the collector of customs, Nathaniel Kay, was captured by a mob which carried the wine away or destroyed it. The collector was arrested immediately after on "a charge of extortion in clearing vessels", and this action, it was claimed, was taken to please the populace. This disposition of the Rhode Island people to act in opposition to the home government was forcibly exem- plified in 1735, when the General Assembly passed an act empowering the judges of the Superior Court to issue injunctions against the Court of Admiralty, restraining it from exercising jurisdiction in cases not of a maritime nature. Leonard Lockman, judge of the Admi- ralty Court, wrote to the Lords of the Admiralty in 1744, complaining of the independent legislation of Rhode Island on commercial affairs. A letter in reply was sent to England justifying the actions of the Colony.
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