Portsmouth Decemr 28th 1776
[Extract]
Sir
I am now going to ask your Opinion of an Affair which lately happn'd here; as it Concerns the whole Navy, I should wish to have it set in a proper light in case of future Accidents or Occurrences of this Nature. — One day this Week a Tender belonging to the Milford (late Burk's [William Burke] Schooner) having Cruized three Weeks in this Bay without Success, in order to meet the above Ship for which She was loaded with Provisions, Run on Shore in a By Harbour close to the mouth of our Main Harbour. — The manner was thus — Being close in with York Ledge, night coming on & a heavy Gale at N .E, thick of Snow themselves unacquainted — therefore in order to save their Lives, the Commander desired one Pinkum (who was then on board) to Run the Schooner into some safe Harbour & there take their Chance of being made Prisoners of War, rather than perish in the Storm. — In short; on Tuesday Morning [December 24] she was discovered high & dry on shore Close by a Fort — at the same time Pinkum appear'd in Town with the Officers that Commanded & three more belonging to other Ships, who were Passengers — I received the Information in the Street by Accident, immediately sent down Boats and Officers &c & order'd them to take Command of the Vessel & apply to the Officers of the Continental Troops to Assist & bring the Prisoners 50 in Number; but previous to my Lieut getting on board the Prisoners were Secured on Shore, & the Vessel was in possession of the Soldier Officers, who absolutely refused my Lieut taking the Command & was determined to Oppose at all Events — to prevent dispute, the Lieut joined by mutual consent Assisted to do what was necessary to Secure the [Prisoners and] lighten the Schooner, & get her afloat & safe moor'd [which] they effected, & she is now up at Town — This [Pinkum] conceives himself the Captor; The Officers & Soldiers conceive they are the Captors & I think my Authority [Su]percedes them both, & that we are the Captors, as [myself] being the only Commanding Officer in the Navy at this Port, in which department this matter certainly belongs & the dignity of which I shall Endeavour to Sup[port] In short Pinkum has libelled the Schooner on the [strength] of a Resolve of Congress,2 which while it is in being I shall consider it as an Injurious Indignity to the Navy, 'tis on Page 12 where the Congress have wisely given the whole of V:esels & their Cargo's to Non-Comba[tant] Persons (which is always accounted Piracy) while at the same time they gave us but one third — This Resolve also includes detachments from the Army; on the Strength of which the Officers & Soldiers mean to establish their Claim — altho nothing is done in it yet, nor shall I, untill I have your Opinion & the other Gentlemen belonging to the Navy who are now in Boston, which I wo[uld] beg you to send soon as may be; — would have you make my Compliments to Mr [John] Adams & ask his opinion This Resolve must be done away, for as it now stands, if a Vessel by Accident was to be dismasted, & driving on the Shore (as 'tis possible some time may happen) I [pursuing] the Ship, & a fellow Living on the Sea Shore, see the Vessel at one & the Same time, but he being nearer the Ship than us, gets on board first perhaps a few minutes; by the Strength of that Resolve he holds the Vessel and deprives . . . 3