USA > Rhode Island > The correspondence of the colonial governors of Rhode Island, 1723-1775, Vol. I > Part 18
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But yo! Petitioner is very lately informed that Leond Lockman Esq: hath obtained or is applying to obtain a Warrant or a Grant under the great Seal to the Naval Officer of Rhode Island during his Majtys pleasure.
Which Information makes it indidspensible duty of yo! Pet! as Agent for the sd Colony humbly to represent That such an Appointmt of the sd Leond Lockman is as yo! Pet! humbly apprehends prejudi- cial to the Rights and Privilidges vested in the sª Govern! and Compa not only by their Charter but also by the Acts of Parliament.
And may be of the greatest Inconvenience to Trade and Commerce in those parts, since that the Rule for carrying on the same as laid down by the Acts of Parliament require all Persons Tradeing
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thither to make Entrys and Perform Sundry Acts before the Naval Officer appointed by the Governour and if omitted lay the Traders under Penalties and forfeitures of no less than Ship and Cargoe.
Your Petitioner therefore most humbly prays that you would not permit such Warrant or Grant to pass to the sª Leonard Lockman. And that in Case the same has already passed the same may be revoked and determined with an Order to the sd Lockman not to proceed to Act under the same untill you may have received satisfaction therein.
All which is humbly Submitted
RICH? PARTRIDGE
ANDREW STONE TO THE GOVERNOR OF RHODE ISLAND. WHITEHALL 14th July 1743. Sir,
A Memorial 1 from Mo! Hop, Minister from the States General to his Majesty, having been laid be- fore their Excellencies the Lords Justices, complain- ing, that a Bark of Curaçoa named La Gertrude, Captain Samuel Baal Commander, being at Anchor near Rio de la Hache, in order to take in Wood and Water, was attacked by Three English Privateers, commanded by Robert Flowers, John Rous and Wil- liam Wilkinson who seized upon the said Bark, and carried her into Newport in Rhode Island, notwith- standing, after visiting her, they had found no coun- terband Goods on board, and that the Court of
1 See next document for a translation of the Memorial; also letter of March 15, I744.
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Admiralty there had condemned the said Bark in Consequence of which She was confiscated, and the Produce divided amongst the Captors contrary to the Treatys subsisting between His Majesty and the Republick; I am commanded by their Excellencies to signify their Directions to you, that you do im- mediately procure, and send over hither to be laid before them the proceedings of the said Court of Admiralty,1 upon the Tryal of that Vessel, with a full Account of the Reasons which induced the said Court to proceed to the Condemnation of her, I am Sir,
Your most obedient humble Servant.
ANDREW STONE
Governor of Rhode Island
TRANSLATION OF THE DUTCH COMPLAINT AGAINST PRIVATEERS. 2
Wherease, Abraham Diaz Coutino and Com! Mer- chats Inhabitants under our Jurisdictions and Sub- ject to their High Mightyness's the States Generall of the Netherlands, to us the Governour have made knowen, that they on the 23ª of April 1743. on their own accounts and Risques did fitt out from hence their Sloop Named the Juffro Sarah, Commanded by Schipper Coenvaat Huybling, to Trade to all the Free Ports in the West Indies, since which the above
1 In the session of February, 1744, a committee was appointed by the Assembly to answer the letter of the Lords Justices, and to send home a copy of the decree of the court of vice-admiralty. Col. Rec. of R. I., V. 79.
2 Enclosed with letter of July 14, 1743.
----
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named owners, have been well Informed, that the sd Sloop being on the High Sea of Commena, was on the 17th July, 1743. taken by an English Privateer Com- missioned by your Honour, Commanded by Cap: Wil- liam Hopkins which takeing is Directly Contrary to the Treaty between his Majesty of Great Brittain and their High Mightyness's the States Generall. the s! Privateer being ready to Engage that the sª Schipper was obliged to Strike. the Privateer then Boarded him and Proceeded with him and his Sloop for your Honour's Jurisdictions as Lawfull Prize, which seemes very strange to us that a Privateer under the English Goverment should Act in such a manner, not only so, but also not to pay any regaurd to the Declara- tion of his Majesty of Great Brittain, of this Present year 1743, made at the Instances of their High Mightyness's which sª Declaration was Signed by the Lord Carteret and authentick Coppey of which wee had the Honour to receive by the last Vessells arrived here from Holland In which Declaration His Majesty of Great Brittain Declares to all the Gov- ernours in America that they Pay a Due Regaurd to the Maritime Treaty of the Ist Dec! 1674. and Punc- tually observe the same. Pursuant to which wee Pray your Honour that the sd Sloop be sett Free with Every thing belonging to her (thats not Con- traband) as also that she be allowed all the Charges she's been put to, and wee shall allways think it our Duty to Retalliate and to keep up a Good Friend- ship between the Subjects of his Majesty of Great Brittain and those of their High Mightyness
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States Generall. wee are with much Respect and Friendship Your Honour's Friend and Most Humble Servt
J. FAESCH.
CURACAO, 30 July 1743.
RICHARD PARTRIDGE TO GOVERNOR GREENE.1
LONDON 5 month or July 28th 1743
Gov Green,
As thou art Elected Gov! of Rhode Island I take it to be my duty to Write thee Concerning the Affairs of the Colony depending here wch at present are as follows, - I did some time since Write over Advising that one Leonard Lockman who is Ap- pointed Judge of the Admiralty in your Colony had also obtained a Grant from the Crown to be Naval Officer wch I apprehending to be an infringement on the Priviledges of your Charter had Petitioned the Lords Justices against the said appointment2 wch Petition lyes still at the Council Office, and shall not proceed further on it till I have proper Instructions, neither do I find I can till it be known whether the Colony thinks fit to Admit him or not when he comes there, if they shod not, The labouring Oar will then be upon him if he shall see meet to Exhibit any Complaint : I suppose he is yet at Portsmouth wait-
1 Greene was deputy-governor in 1741 and 1742, and elected governor in 1743, 1744, 1746, 1748 to 1755, and in 1757. He died in February, 1758. He was prominent in Rhode Island politics as the candidate of the Ward party in the famous Ward-Hop- kins controversy, which came first to the front in 1755.
2 See note to letter of May 28, 1743. The Lockman affair was still pending settlement in 1749. See letters of October 29, 1743, February 1 and 23, 1744, and that of Governor Greene to Partridge, June 18, 1749; also in Col. Rec. of R. I., V. 270.
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ing to go over via New York by a Ship who Sails per the first fair Wind,
As to the Grand Affair of the Colonys abt the Boundarys with the Massach's our Petition of Appeal was first lodged as I have already advised in due time and set down on the list According as the man- ner is at the Council Office for a hearing before the Lords Committee of Council, but as yet ours does not come on, and do what we can I believe it will be ab! October next before it will come forward 1 in the mean time We shall be duly prepared and our Coun- cil Instructed and hope we shall at length have it happily Issued for us.
As to Publick News thou willt doubtless have heard of the Victory our King with his Army in Germany obtained over the ffrench under the Com- mand of their General the Marshall Noailes altho' the latter were Considerably Superiour in Number. The Duke of Cumberland was Wounded but like to do very well again. The King received no hurt, As both these Armies are looked upon as Auxilia- ries only, the one to the Queen of Hungary and the other to the Emperor its very questionable whether the Consequence will be attended with a general ffrench War.
Prince Charles Brother in law to the Queen of Hungary and her famous Generalissimo is arrived at Hannaco to concert further Measures with our King wch probably will be to drive the ffrench out of Germany and then endeavour to take Lorrain, from them for the said Queen by way of some Compensa-
1 See letter of Partridge to Deputy-Governor Whipple, written 4ber (June) 15, 1744.
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tion, for the rest I referr to the Prints now sent and remain
Thy Assured ffriend
RICHD PARTRIDGE
To WILLIAM GREEN Esq!
Governour and Commander in chief of the Col- ony of Rhode Island and Providence Planta- tions
THOMAS CORBETT 1 TO THE GOVERNORS IN AMERICA.
Copy of a Letter from M! Corbett to the several Governors of his Majesty's Colonies in America. dated the 19th August 1743.
My Lords Commissioners of the Admiralty hav- ing had frequent Complaints made to them by the Commanders of his Majesty's Ships and Vessels in America, that they are often interrupted in their endeavours to procure Seamen to make up their Complements in order the better to enable them to execute their Lordships Instructions for protecting the Trade of the Colonies they attend on, and annoy- ing the Enemy; And it appearing to their Lord- ships, that the obstructions the Captains meet with from the Inhabitants in America and Masters of Merchant Ships trading there, is cheifly grounded upon an opinion prevailing among them, that the American Act, made in the Reign of Queen Anne, prohibiting the Pressing in America, is still in Force ; I am commanded by their Lordships to send you the inclosed Opinions of Sir Edward Northey; 2 His
1 Secretary of the Admiralty from 1721 until his death, in 1751.
2 Sir Edward Northey was attorney-general from 1701 to 1707, and from 1710 to 1718. He was knighted in 1702.
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late Majesty's Attorney General, and of Sir Dudley Ryder 1 Attorney, and Sir John Strange 2 Solicitor General, by which you will plainly see, that the American Act, on which the Inhabitants and Mas- ters of Merchant Ships lay so much Stress, expired at the end of the late French War.
Their Lordships hope that when these Opinions, and that the People there are sensible that His Majesty's Ships want Men for no other use than to protect their Trade and Settlements, and guard them from their Enemies, there will not be any more such Disputes raised, and obstruction given to the neces- sary Work of Manning them; And their Lordships recommend it to you to settle Men's Minds on this point, as you see occasion, and to give all necessary Assistance to His Majesty's Officers to procure Men, when they apply to you for that purpose.
Copy of the Opinion of the late Sir Edward Northey, his Maty's Attor- ney Gen!, in relation to the American Act, dated the Ioth Feb !! 1715.
I am of Opinion that the whole American Act was intended, and appears to have been intended only for the War.
EDWARD NORTHEY.
Copy of the joint Opinion of Sir Dudley Ryder, Attorney, and Sir John Strange Solicitor Gen! in relation to the American Act, dated 17th July 1740.
We have perused the several Clauses in the Amer- ican Act, and by comparing the several Clauses
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together, it seems to Us that the Act is not now in force, but expired at the end of the then War.
D. RYDER J. STRANGE
ANDREW STONE TO THE GOVERNOR OF RHODE ISLAND.
Gentlemen,
WHITEHALL. Oct. It 1743.
I am commanded by Their Excellencies The Lords Justices to transmit to You herewith, a Re- presentation from the Lords Comm's of the Admi- ralty,1 Setting forth the Obstructions given by the Inhabitants of his Majesty's Colonies, and Planta- tions in America, to the Captains of His Majty's Ships of War, in procuring Men to recruit the Comple- ments of Their Ships, and in retaking such Sailors, as have deserted from Them; and Complaining par- ticularly, That Several of the sª Captains had been insulted by the Populace, and forced to release such Men, as They had impress'd, and even Deserters from their own Ships; And That Other Captains had been imprison'd, or forced to give exhorbitant Bail, upon Actions brought against Them, for im- pressing Seamen; Which Proceedings Their Los represent to be occasion'd by a Notion prevailing in Those Parts, That the Act of Parliament, which pass'd in the Reign of the late Queen Anne, (and which is commonly call'd the American Act, by which the Impressing Men for the Sea Service in America, was prohibited,) is still in Force: Whereas
1 See the following document.
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You will see by the Copies,1 annex'd to the sd Repre- sentation, of the Opinions sign'd by Sir Edward Northey, Attorney General to His late Majty, and by Sir Dudley Rider, His Majty's Attorney General, and Sir John Strange, late Solicitor General, That the said Act is not now in Force: And I am therefore commanded to signify to you Their Excellencies Directions, That you should exert your utmost Au- thority in preventing, for the future, Such Riots and Disorders, as are complain'd of by the said Repre- sentation; and that You should assist the Com- manders of His Majty's Ships, in procuring Seamen, to make up Their Complements, whenever They shall make Application to You for that Purpose; As also in retaking Deserters from the said Ships.
I am, Gentlemen,
Your most obedient humble Servant,
ANDREW STONE
Gov! and Company of Rhode Island.
THE LORDS OF THE ADMIRALTY TO THE LORDS JUSTICES.2 May it please Your Excellencys,
The Difficulty of keeping His Majesty's Ships of War, that are employed in America, sufficiently manned to perform the Services they were sent on, is in it's self great, from the unavoidable Causes of Deaths" and Desertion, the latter of which is grown
1 For the Opinions see the preceding document.
2 Enclosed in letter of October 1, 1743.
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familiar among the Seamen, either for the sake of high Wages given by the Merchants, or from their own natural Levity; But the Obstructions given by the People of those Colonys, to the usual Methods of pressing, made use of by the Captains of His Majesty's Ships, to recruit their Complements, have of late been so violent, and carried on with such Instances of Contempt of Government, and such per- sonal ill Treatment of the Captains, that we think it incumbent on us humbly to lay before Your Excel- lencys, in the annexed Paper,1 Copys of the Com- plaints we have received from the said Captains on that Head, within little more than the Space of a Year past, whereby Your Excellencys will perceive, that some of the said Captains have been mobbed, others imprisoned, and afterwards held to exorbitant Bail, and are now under Prosecutions carried on by Combination, and by joint Subscription towards the Expence.
The chief Reason, that we can find for such Oppo- sition, is a Belief prevailing among the People here, that the American Act made in the War of Queen Anne, which forbad pressing in America, is still in Force.
We have sent to the respective Governors and Judges of Vice Admiralty in all the Colonys; the Opinion of S: Edward Northey, and of the present Attorney General, and of S: John Strange, all agree- ing, that the said American Act expired with the War, in which it was made; Copys of which Opinions, and of the Letters accompanying the same, to the
1 This paper is not in the archives.
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Correspondence of the
Governors and Judges of the Vice Admiralty, are annexed.1
In the Press Warrants which we give to the Cap- tains of His Majesty's Ships in America, they are strictly required not to distress either the Merchant Ships, or the Privateers, Copy of which Warrant is annexed;2 and the Captains inform us, that it is their usual way to take only one Man out of five or six, and if they have any Spanish Prisoners, they allow them one for each Englishman so prest, to assist in navigating the Merchant Ship home to England.
The Governors of the Colonys appear indeed to show a Disposition to help the Captains of His Majty's Ships to get Men, when they apply to them ; but whether that Disposition be real, or that they want Authority, the Captains find little or no Help from them to procure Seamen, nor even to protect them from the Rage and Insults of the People.
The Consideration therefore of the many ill Con- sequences, that may attend His Majesty's Service, if the Captains of the Men of War are liable to be thrown into Jail, abroad in the Plantations, by any disaffected Persons, at a time perhaps that they are going on some Expedition or Service of Importance against the Enemy, and always while they are in the Execution of their Orders to protect the Colonys and their Trade; That such ignominious Usage exposes their Commission to Contempt, and makes them less able to maintain their Command on board His Majesty's Ships with Honour and Discipline, and
1 See p. 235 for the Opinions.
2 See the following document.
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also that while the Opinion remains of the Amer- ican Act being in Force, it will be impossible for His Majesty's Ships to recruit the Deficiency of their Complements, are our Reasons for humbly lay- ing this Matter before Your Excellencys; to whom it is humbly submitted.
ADMIRALTY OFFICE 26th Sept: 1743.
WINCHILSEA. J. COKBOURNE. BALTIMORE. GEO. LEE.
To Their Excellencys the Lords Justices.
== -
THE LORDS OF THE ADMIRALTY TO THE CAPTAINS.1
Copy of an Order from the Lords Com's of the Admiralty to the several Captains of His Majesty's Ships in America.
Whereas You will herewith receive Press War- rants to enable You to raise Men for keeping up as much as possible the Complement of the Ship under your Command, You are hereby required and directed to put the same in Execution for that purpose, as there shall be Occasion ; But as it is not meant, that the Trade of His Majesty's Subjects in America, or Ships provided with Letters of Marque to Cruize against the Enemy should be distressed thereby, but only that such prudent Use be made of the said Press Warrants as may enable you to procure Men to make up Your Complement, when proper Oppor- tunities offer of it, You are to take great Care that
1 Enclosed in a letter to the Lords Justices, of September 26, 1743.
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no Indiscreet or Unreasonable Use be made of them, and never to molest the Chief Officers, such as the Master, Mate, Boatswain, or Carpenter, or any Sea- men found on board with protections granted by Us, pursuant to Act of Parliament Given under Our hands &cª
GOVERNOR GREENE TO RICHARD PARTRIDGE.
NEWPORT RHODE ISLAND Octbr 29 1743 M. Partridge ;
Yours of the 20th of May came to Hand soon after the Arrival of Leonard Lockman Esq: who presented me with a Patent appointing him Clerk of the Navy or Naval Office of this Colony which I laid before the General Assembly for their Opinion who ap- pointed a Committee to consider thereof and make Report a Copy of which I have here inclosed whereby You'll find the Sense we have of this Affair1 and altho' it is judg'd that we have a Right to reject said Lockman not only by Our Charter but by two Acts of Parliament One of the fourteenth Year of Charles the Second, the Other of the seventh and Eighth of King William yet I would not have You to omitt inforcing the Petition you put in by Council learned in the Law in Order to have this Patent revoked and at the same Time to represent in Behalf of this Colony that we do not act this Part with any other design but to preserve the Priviledges of the People and We hope that on a fair Hearing this Refusal of
1 For the proceedings of the Assembly, see Col. Rec. of R. I., V. 70. See also note to letter of May 28, 1743.
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Leonard Lockman Esq' will not be construed as an Act of Disobedience to his Majesty under whome We acknowledge to hold the most valuable Privi- ledges. As to the Controversy relating [to] our eastern Boundary I would have you to bring the same to Trial as soon as possible and You may de- pend on a further supply of money which the Gen- eral Assembly who are now in being have ordered Me to Assure you that You shall have in a short Time. I have not to add But that I am with due Respects
Your assured Friend
W. GR[EENE]
To M! RICHARD PARTRIDGE Mercht in London
WILL STRAHAN 1 TO THOMAS CORBETT.
DOCTORS COMMONS It February 1744 Siv
I have received yours of the 28th of last Month, with a Letter inclosed from Leonard Lockman Esq" Judge of the Vice Admiralty Court of Rhode Island, complaining that he is obstructed in the execution of his Office by the Governor and Company of the said Island,2 and upon perusing the said Letter it appears to me that he has just ground of Complaint in the several particulars therein mentioned.
Ist For they not only refuse to Swear the Deputy
1 Appointed advocate to the Lords of Admiralty in 1742.
2 See note to letter of May 28, 1743.
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Judge appointed by him to Officiate in his absence, but they Nominated one of their own Authority, who Acted by their Authority til M: Lockman's arrival in Rhode Island. I do not know what Authority they could have to Nominate a Deputy, when the Princi- pal Judge had been appointed by the Lords Comm's of the Admiralty.
2ª It is said that they will not permit the Deputy of M: George Gibbs, who has been appointed by the Lords Comm's of the Admiralty to be Marshal for the said Colony, but notwithstanding the Appoint- ment of a New Marshal, they continue the Deputy of M: Charles Paxton, the late Marshal. This is usurping an Authority in direct opposition to the Lords Comm's of the Admiralty.
3 He complains also, that they will not permit the Register of the Court to take the Bonds by Law required for the Commissions of Privateers, but the Secretary takes the said Bonds. This I take to be very irregular. For if the Judge of the said Vice Admiralty Court has a Special Commission to grant Letters of Marque, which I do not know whether he has or not, the Security that is taken from the Com- manders and Owners of Privateers, ought to be taken by the said Judge, and by none other that has not a proper Authority.
4 A further Complaint is, that since his arrival in the said Colony, they have made a new Law,1 to regulate the Fees of the Officers of the Court, and have reduced them to so low a degree, that the Judge
1 This law was passed in the October session of 1743. See Col. Rec. of R. I., V. 73. It may be found in the Digest of 1745.
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has not a competent Allowance to support the Dig- nity of the Office ; As to this Matter of Fees, it had been proper for M: Lockman to have sent over a Table of the accustomed Fees received in the said Court, as also a Table of the Fees, as they are now reduced, which would have enabled their Lordships to give proper Directions therein.
5 But in the other Matters complained of, as it is evident that the Judge and other Officers of the said Vice Admiralty Court of Rhode Island, have been interrupted in the execution of their respective Offices, to which they have been properly appointed by the Lords Comm's of the Admiralty, it must be sub- mitted to their Lordships, whether it may not be proper to represent the Case to His Majesty, that he may give the proper Directions that the Judge and Officers of the said Vice Admiralty Court may not be obstructed in the execution of their respec- tive Offices. all which is humbly submitted to their Lordships by, Sir
Your most humble Servant
THO. CORBETT.
WILL : STRAHAN
RICHARD PARTRIDGE TO GOVERNOR GREENE.
LONDON 12 Mo. or Febry 23ª 1748.
Gov. Green
This comes to acknowledge the rect of thy favour of the 29th Oct.1 last with a Copy of y: Assemblys Vote or Oppinion relating to the non admittance
1 See page 242.
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of Leond Lockman for Naval officer, wch I am very glad off, that they acted so prudently and wch I really think will be attended with no ill Consequence here, the Court and Governmt being at this time other- wise very much engaged ; I have made due enquirey at the Court end of the Town abt that Affair; and at the Sec'y of States Office upon discoursing with two of the Chief Clerks there, one of them told me that the People (of Rhode Island) were in the right of it not to admitt him and that he did not Expect or beleive they would, and the other acquainted me that he received a Letter from Lockman acquainting him of his being refused admittance, that he expected the matter wod be decided at the Council office and that he had writ to Sharp the Solicitor abt it, but this Gentl" I cant beleive will take any Steps abt it till he knows who will Answer the Expence, however I shall be on the watch and when ever any proceed- ings shod be made ab! it I shall then Prosecute my Petition wch still lyes at the Council office, and till then it is Judged most prudent not to take any Steps at all in it, nay I am told I cannot, till there be some Complaint exhibited Regularly, so that upon the whole we need be in no pain abt it.
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