At a Meeting of the Committee appointed by the Parishes of Somerset and Portrayal to answer a Letter from Capt. Tollemache Commander of his majesty's Sloop Scorpion2 to Richard Fowle & Nathaniel Bell Esquires, On Saturday the seventh Day of Octr 1775.
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Present |
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Henry Tucker Junr |
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From Somerset |
Henry Tucker Esqr |
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From Portrayal. |
John Tucker |
Nath. Bell Esqr |
Daniel Tucker |
Richard Jennings |
Jona Outerbridge |
John Jennings |
Thomas Fowle |
Joseph Hinson |
Thomas Gilbert |
Nath. Todd |
John Gilbert Esqr |
St G. Tucker Esqr |
Resolved that in the Debates of this Committee one Person only shall speak at a Time and no Interruptions permitted.
Henry Tucker Esquire of Portrayal was chosen Chairman.
The Letter from Capt Tollemache dated Septr 30th 1775 was then produced and read.
Then Henry Tucker Esquire of Somerset produced Instructions from the Parish of Somerset in what manner the Said Letter should be answered
Then Henry Tucker Esquire of Portrayal informed the Committee that the Instructions received from the Parish of Port royal were generally to set forth the Facts relative to the Subject of Capt. Tollemache's Letter, and to join in an address to the Governor to call the Assembly immediately.
Mr. Robert Tucker one of the Committee of Inspection for Somerset Parish appointed in obedience to the Vote of the Governor's Council & Assembly for the due Observation & inforcing of the Provision Act was called upon to declare what passed on board Capt. Conyers's Schooner on Fryday the 29th of Septr last who gave the Committee the following Information Viz:
Henry Tucker of Somerset informed the Committee that Information was received on Thursday Evg the 28th of Septr that a Shallop with armed Men had left St Georges that afternoon and was designed for Elis Harbour Where the[y] errived Some Time after Night3 ー The Circumstance of her coming at so unseasonable an Hour & in a hostile Manner generally alarmed the people & induced them to think that some improper Design was had against the Persons or Property of the People, particularly as Reports had circulated for many Days before that the Scorpion came to Ber[mud]a for the express Purpose of impressing Men from these Ilds ー The People generally armed and prepared to oppose any illegal & arbitrary Attack and for no other Purpose whatever ー In Order to reduce the Matter to a Certainty himself with Mr Jennings and Mr. G. Tucker were desired by the People to call on the Officers who were said to have the Direction of the Shallop & desire to be acquainted with the Purport of their coming at that unseasonable Hour & in a hostile Manner in appearance to Disturb the Peace of the People ー That the officers expressed a Concern at the People havg taken the Alarm at the Manner of their coming in which they must own gave some Foundation for such Alarm, that they shou'd have been glad to have been applied to imedeately on their landing when they shou'd readily have given every Satisfaction in their Power to have composed the minds of the People that they then declaved that they came with no Design of molesting any of the Inhabitants but for the sole Purpose of endeavouring to purchase the Cargo of the Schooner from So Car[olin]a comanded by Capt Conyers, that they had been at Capt Conyer's Ild for that Purpose but cou'd not see him as he was from Home. ー They were then told that if any Person here had Power to Dispose of the Cargo it was one Mr Cole who was Passenger on bd the Schooner & the Place where he was to be met with ー The Officers said they shou'd call on Mr Cole in the Morning for that Purpose ー that the People were then satisfied with the Declarations of the Officers & imediately dispersed ー that the Officers behaved with great Civility & Politeness & were thoroughly treated in the Same Manner themselves ー
The above Information was confirmed by Messrs. John Jennings & Daniel Tucker.
Capt. Clement Conyers Senior part owner of the Schooner from Carolina next informed the Committee that on the morning of Fryday the 29th Ultimo, the Officers and Sailors from on board the Scorpion came on board his Schooner and asked for Mr. Cole who coming on board immediately the Officers applied to him to purchase his Cargoe of Rice. Who replied that he could not sell it ー as it belonged to persons in St Christophers who for aught he knew might be starving for want of it. The officer then said if he could not purchase it [illegible] he was commissioned by the Governor to take the Vessel and Cargo and carry them to Town ー He then asked if there was any Owner of the Vessel, and was informed that himself (viz This Informant) was part owner thereof. The Officer then said he must take the Vessel to Town ー This Informant replied that she should not be removed without his having good Security for her. ー This Informant then came off and met Mr R: T: with some others going on board the Vessel & knows nothing further of the Transaction.
Mr Cole of Carolina a passenger onboard Capt Conyers's Schooner was next called upon who gave the following Information ー Viz: That on Fryday the 29th Ultimo the officer from Scorpion came on board the Schooner and demanded of him if he would dispose of the Cargoe on board the Schooner ー He replied that he could not do it as it belonged to persons in St Christophers who might be starving for want of it for aught he knew. ー The officer said he would pay him his own price for the Rice in Bills or Cash. Upon his refusing to dispose of the Cargoe the officer said he would seize it & carry it to Town by Force; and then ordered the Hatches to be shut and demanded the Sails ー He also desired that the Rice which had been unladed should be put on board again. This Informant represented to them that Vessel being very leaky was unfit to go to Town with the Rice and desired that they would permit him to continue to unload. Soon After Mr Robert Tucker & Mr Daniel Hinson with Mr Josiah Young came on board, and asked what was the Matter. This Informant told them the Gentleman (Officers) came on board to prevent his unloading the Vessel & wanted to carry her with her Cargoe to Town ー The Gentlemen from on shore replied that it should not be done as it was contrary to the Law of the Island; for if they wanted Provisions to carry off the Island the Legislature must be consulted, or words to that Effect. Some other Conversation of no Consequence past soon after which The Officers went off saying they would bring the whole Force of the Scorpion to take the Rice.
Capt Clement Conyers Junr being next called upon in substance confirmed the Information of Mr Cole. With this addition that when the Officer ordered the Hatches to be shut he asked him whether he had taken the Charge of the Vessel on himself as in that Case she was in his power, ー but represented that her being carryed out of the Harbour might be attended with bad Effects ー The officer replied he wanted to have her Out ー The Officer then told him he should have two Men on board to prevent any more Rice being Taken off. Which he replied he did not think he had any right to do, as he had made a legal Report and had a permit to land his Cargoe from the Ca: Ho: [Castle Harbor].
Mr Samuel Gutesbury next called upon confirmed in substance The Information of Capt: Clement Conyers Junior with whom he came off the Schooner ー With this addition That the Officer when he said he must seize the Vessel & Cargoe; said That he should do it by order of the Governor for the Service of Government.
Mr Robert Tucker report[ed] That in the Morning observing that the Shallop that came up with the Officer &c the preceeding Evening had gone on board the Schooner he conceiving it to be his Duty to go on board requested Mr Daniel Hinson & Mr Josiah Young to accompany him. Upon coming on board he saw the Officers walking on the Quarter Deck talking with each other ー Upon seeing only two or three Casks of Rice landed he conceived that Capt Conyers had met with some Obstruction in doing it. He then asked the Reason of his not unloading as he understood he intended to take his Cargoe out. Capt. Conyers replied that the Officers had ordered the Hatches to be laid & barred and the Tackles to be hooked up ー He then replied that this was quite contrary to their Declaration of the Night before, That they had no Intention of offering any Molestation to any person in any respect whatever ー That he looked upon it as unwarrantable & quite contrary to Law of the Country and that he would (if in Capt Conyer's place) order The Hatches to be unlaid & the Cargoe to be taken out. Lieut: Drew4 immediately interfered whereupon this Informant asked him his Authority. He replied he had orders to buy the Cargoe, and if he could not buy it to seize it, and had seized it for Government. This Informant then asked him whether the Vessel was not legally entered. He replied ー Yes ー This Informant then insisted that it was illegal to obstruct the landing of the Cargoe after such Entry ー Mr Whitworth5 then asked why the Governmt. had not a right to seize Provisions when-ever they wanted it ー This Informant then replied that those Provisions were detained by the Authority of an Act of the Legislature of the Island. ー Lieut Drew still insisted that they had a Right to it & that they would carry the Vessel and Cargoe to Town. He answered that he should not have it for that the Inhabitants would never consent for The Rice to be taken away illegally. He then informed Lieut. Drew of the Occasion of making the Provision Act by which no Provisions could be exported without the Consent of the Legislative Body for that Purpose ー That no person in the Island would refuse Provisions for the Ship's Use but that Agreeably to the Provision Act under the Authority of which he then acted they could not export any Provisions whatever except salt Provisions ー Lieut.-Drew then said they wanted the Rice and they must have it ー to which This Informant answered they should not without the Consent of the People ー and upon seeing Mr Daniel Hinson going off the Vessel he called to him to make Haste and bring Assistance which he thought it his Duty to call for to prevent the Rice being carried away. Mr Whitworth expressed himself sensible of the politeness he had been treated with the Evening before & went off Soon after without any Interruption6 telling Mr Cole They might open their Hatches & go to work and observing that he hoped the people would think better of it, or else the Scorpion would make use of all her Force to obtain the Provisions. To which this Informant replied that without the Consent of the Legislature two or three Scorpions would not do.
Mr Josiah Young in Substance confirmed the Information of Mr Tucker.
A Letter to Capt Tollemache was voted ー read and approved by a Majority. ー
An address to the Govr to convene the general Assembly was also read and approved of.
Resolved ー that it be an Instruction to the Committee appointed to join a Committee from Somerset Parish to answer the Letter from the Honourable Capt Tollemache, that they declare the strictest Allegiance to his Majesty's Government, and set forth that his Majestys subjects of these Islands have on all Occasions demeaned themselves as loyal faithful and liege Subjects of his present most gracious Majesty and his Predecessors, and that they have ever paid all due obedience to the Laws of the British Empire ー That as Subjects thereof they are entitled to all the Rights Privileges and Immunitites which are claimed under the British Constitution. That the Right of personal Security and of personal Property are the inherent indefeasable Rights of every Englishman, which cannot be infringed without a manifest Violation of the first Principles of the Constitution. That the Inhabitants of these Islands being fully represented in the general Assembly are bound by all Laws enacted by the Legislature of this Island, which are not repugnant to the Laws of the Realm of Great Britain in as full and ample Manner as the subjects of his Majesty residing in Gr: Br: are by the Acts of the British Parliament. ー That any attempt to invalidate or contravene the Authority of any Act of the Legislature of these Islands by any person or persons whatsoever within the Jurisdiction of the same, tends to stir up Seditions and Tumults among his Majesty's liege Subjects, and is pregnant of the most calamitous Events to the Community. ー That it is the Duty of all Magistrates and Officers within these Islands to exert themselves to prevent any Violation of the Acts of the Legislature thereof, and that it is the indispensable Duty of every Individual within the same to obey such orders & Directions as the said Magistrates & Officers shall give in order to preserve the Laws of this Country sacred and inviolate ー That an Attempt made on Fryday last by certain Officers and other persons under their Command belonging to his Majestys Sloop Scorpion commanded by the honorable Capt Tollemache to seize a Cargoe of Rice against the Consent of the person Intrusted with the Management and Disposal thereof, without any legal Authority whatsoever, was totally repugnant to the Rights of personal Property, and that the said Attempt being probably made with an Intention of exporting Provisions contrary to an Express Act of the Legislature of this Island is a most flagrant Violation of the Rights of the people & of the legislative Body of these Islands, That it was therefore (as well as in Obedience to a Vote of the Governor Council & Assembly of these expressly passed for the preservation of the Act for the preventing the Exportation of Provisions) the bounden & indispensable Duty of all Magistrates and officers and other Inhabitants of these Islands to oppose the Execution of any Attempt by which the Security of the Lives and Properties of the good People of Bermuda may be endangered. That they also set forth that this Island being utterly dependant on North America for all Manner of Provisions, and the Continental Congress having included it in the Number of those Places to which they will not permit any Exports, self preservation directs us to retain all those. Provisions we have in the Island at present as we have no Prospect of a future supply; but that having the utmost Confidence in the Wisdom & Prudence of our Representatives we will readily acquiesce in Their Determination but that we canont untill the Resolutions of that respectable Body shall be known submit to be stript of our Provisions on which in all Probability our very Existence might depend at the Discretion of any private person in open Violation of the Laws.
Resolved ー That it be also an Instruction to the said Committee that an Address be presented to his Excy the Governor requesting him that no further Adjournment of the General Assembly be made, but that if it be thought convenient that an earlier Day than that which is at present fixed for their sitting be appointed.
Resolved, That it be an Instruction to the Representatives of this Parish that at the next sitting of the General Assembly they shall move for an humble dutiful and loyal Address to the Kings most excellent Majesty setting forth the calamitous Situation to which his Subjects in this Island are likely to be reduced by the present unhappy Disputes between the Mother Country and her Colonies, whereby the good people of this Island are threatened with the most dreadful Approaches of famine. That they also be instructed to set forth therein the Conduct of the good People of this Island in such a Light as to obviate any misrepresentations which have or might be made to his Majesty with respect thereto ー And therefore imploring his Majesty's most gracious & favourable Interposition in behalf of his distressed Subjects, that Measures may be adopted for their Relief as to his royal [Excellency] shall seem proper.
To his Excy George James Bruere &c.
The humble Address of the Inhabitants of the Parishes of Somerset and Portrayal ー
May it please your Excellency
We his Majesty's most dutiful and loyal Subjects the Inhabitants of the Parishes of Somerset and Portrayal being allarmed at the present unhappy Situation of this Island occasiond by some unfortunate Misunderstandings & Disputes between Capt Tollemache Commander of his Majestys Sloop Scorpion & the Inhabitants of these Parishes beg leave to entreat your Excellency That the General Assembly (if it should not be Convenient for them to be sooner convened) may not be adjourned to a more distant period than that at present appointed for this sitting In order that such Measures may be adopted by them as they in their Wisdom shall think proper for the Reestablishment of the Peace & Security of the good people of this Island ー And if your Excy should not think proper to convene them before that Day that you will be pleased to give such orders & Directions as may in the Interim serve to promote those very desirable Objects.