Boston 28th: Octor: 1777—
To The Honble. Councill of the Massachusetts State
Gentlemen
Last Lords day week a certain Mr. Baker who calls himself a Warden did insult a Centinel which I had placed for the Security of the Ships Stores, now altogether on Shore at the head of the Honble: Mr: Hancocks Wharfe, the Lower Store on that Wharfe is full of them and the Cannon, Cables, Topmasts, yards, Shott and Water Casks takes up the whole Wharfe as far up as the said Store—The Centinel had receiv'd orders to Let no Person Trample upon, nor even go amongst those Articles thus Exposed, either in the Night time, or on the Sabbath, as the officers of the Ship and most of the Men, were then supposed to be absent, either taking their natural rest, or at some place of Publick Worship,—
The reason why Such orders had been givin the Centinel, was—that several attemps had been made Secretly to Stop up the Vents of our Cannon as they lay on the Wharfe—
These with the Cables, Yards, Topmasts, Anchors, Shott Water Casks &c being all Expos'd on the open Wharfe none other Security could be obtained for them Except the Care of the Centinel.—
I therefore Conceive it was my duty to appoint one and that I had an undoubted right to give such orders, and shall still do what I know to be my duty in this respect, oppose it who will—
One thing I am sure of, that none but bad Men would oppose such a Measure, as the Safety of the Ship and Stores depends on the care that we who are in trusted with them may take of the whole—
On Saturday last a Person who call'd himself a Peace Officer, tho' unknown to me applied desiring Iwould deliver up that person who had been Centinel on the preceeding Sabbath with whom Mr: Baker had the dispute,—this I refused to do being perfectly assured that the Man had only done his duty—and as perfectly Satisfied that Mr: Bakers proceedings was vexatious, Litigious & Spitefull which has been Sufficiently proved by his vile Conduct Last Lords day, for instead of observing the Solemnitys of the Sabbath he (Mr: Baker) had made it his Bussiness to assemble a band of ruffians, who came down the Wharfe in a Body, attack'd and partly disarm'd the Centinel, some of them Seising him behind his back, others attempting to wrest his firelock out of his hand, and one of them actually Snatch'd the Bayonet from the Muzell of the peice, with it Stab'd the Said Centinel, and another person who came to his assistance,—Crying out all the time they were about this unhallowed work, that they would Support Civil Government—
If Civil Government cannot be Supported without such measures as these—let it be remember' d that all Men may make the same pretences for Committing any outrage whatever.—
My reason for not permitting the officer to go on board the ship is obvious to all Men who know the nature of Shiping and the Character of Seamen—in the first place, all Possible Excuses for doing Mischiefe or committing irregularity's Shou'd be totally taken away from Seamen, their boisterous rude nature being but too apt to catch at any occasion that may offer as a pretext for their Leaping the bounds of good Government—for this reason they ought to be Strictly governed and closely employ'd about their duty as much as Possible—This I have made my Study and have Govern'd that Ships Company for several Months last Winter along side of the Wharfe, without having one Complaint against any of them, and I think I can bid defiance to all who shall accuse them with unruly behaviour out of the Ship, either on the Sabbath or any other day since the Ship has been in this Port—if this be truth as I can abundantly prove, with what face can it be expected I should give up a faithfull Centinel to the Mallice of an officious dirty fellow, who so far from observing the design of his own appointment, was the first who broke through the rules of decency and good order by attacking and disarming a Centinel placed on our own bounds to take proper care of the Stores belonging to the Ship—
Another reason I have for not Suffering Constables to board the Ship, is that every pettyfogger of the Law have it in their power to send such creatures as Constables on their dirty Bussiness—
In this way, groundless, Malicious Prosecutions may be sett on foot—this we have Suffer'd in the Course of last Winter more than once—it may be said the Law points out a remedy—I confess it does,—but I answer that we have something else to do with our time and Money than to spend them both in disputes at Law—
A third reason I have against permitting Constables to Search Ships—is the moral certainty of their receiving ill treatment in the operation,—this wo'uld be almost impossible to prevent,—nay I shou'd think from what I know of Seaman that such a man on such an errand would be likely to Loose his life or some of his Limbs—rather then find the person he was in pursuit of.—
Therefore I am sure it will only tend to farther mischief to insist upon it.—
If the Men belonging to the Ship I Command Committ any disorder in the Town or injure the meanest Inhabitant, I Promise to do my utmost that he may be punished according to Law, but if any person comes on board the Ship, or amongst the Ships Stores, or into the Store House hired for the use of the Ship, and there quarrells with my people—I Think they ought to reap the fruits of their own folly.—
On the Contrary whenever a Complaint is brought to me against one of my Men for committing an unlawfull Action, I will deliver up that Man to the officer of Justice ashore,—but I cannot think it prudent to permitt an officer to follow a Man on board the Ship, where it is more than probable he will meet with Dammage rather than find the person he wants.—
The reason of my troubling you with this affair, is that I understand a complaint has been made to your Honble: Board concerning my refusing Constables Wardens &c a permition to search the Ship—whatever that complaint may be I am ready and willing to make my defence when call'd upon before your Honours, where I make no doubt I shall be heard with Candour—I am [&c.]