[Williamsburg] Monday, January 8, 1776.
The President laid before the Convention, for their opinion, the cases of two vessels taken by capt. Richard Barron in Hampton roads, and carried up York river. The first is the brig Fanny, the property of Joseph Hughes [Hewes] Esqr. of North Carolina, whereof John Cunningham is master; who, being examined, declares, that he sailed about a year ago with the said brig from North Carolina, with instructions from his owner to land her cargo in the island of Antigua, and there or elsewhere to take any freights that might offer, that, having landed his cargo accordingly, he took a freight to Grenada, and from thence another to Cork in Ireland, where he was offered a freight to Boston, in government service, which he refused; that he was likewise offered a freight in the same service to Gibraltar, which he would have accepted, but the contractor declined employing him, not caring, as he said, to trust an American; upon which he would have returned to North Carolina in ballast, but a man of war arriving, he was informed that all American vessels would be stopped, to evade which he agreed to accept a freight of provisions from government for the troops at Boston; that he sailed from Cork the 18th of October, in company with seven sail of transports, with three regiments of soldiers destined for Quebec, as he was told, whom he parted with the night after he sailed; that, having sprung his mast, he came into the capes, intending to Norfolk, to get a new one, and then to proceed to Boston, but was taken on his way to Norfolk by capt. Barron; that he shipped one Mr. Wogan, a native of Capel in Ireland, who took his passage for Boston, to collect some money there, and then to proceed to Philadelphia, as he said; that by the bills of lading, dockets, and intercepted letters, it appears the cargo of the said vessel is as followeth, on government account 1050 barrels of pork, 400 firkins of butter, 4 half-barrels of tongues, 2 hhds. and four hampers of potatoes, and one barrel of parsnips; and, on private account, and designed as presents for the officers in Boston, several parcels of beef, butter, cheese, tongues and potatoes.
The other vessel is the brig Industry, James Sampson master, an inhabitant of Philadelphia, from whence he had gone to sea, many years in the employ of Messrs. James and Drinker, merchants in that city; that, about five years ago, he sailed from thence in the said brig, whereof himself, his mate, William Simpson, and Laundrice Cuthbert of Pennsylvania, are owners, and has been trading in many ports, chiefly in the Mediterranean sea, till lately, when, inclining to return, he came to the island of Grenada, with intention to take a freight from thence to Philadelphia; but being told a man of war at Newcastle would prevent his passage to that city, and that the port of Norfolk in this colony was open, he engaged the following freight for Norfolk,, to wit: 25 puncheons of rum for Messrs. Kerr and company, and 10 hhds. of rum and 2 hhds. of sugar for Messrs. Roper & Boyd; and also laded on board 65 hhds. of rum, 3 barrels of sugar, 2 casks of Malaga wine, and 5 or 6 blankets, the manufacture of Tunis, which are the property of himself and mate. Upon consideration whereof, the Convention are of opinion, and do resolve, that the cargo on board the brig Fanny is lawful prize, and justly forfeited to this colony, and that the same be disposed of under the direction of the Committee of Safety. And that the brig Industry and her cargo shall not be water-borne below Cumberland town, where the same now is.