No Carolina ss.
The Reply
To his Honour James Elletson Bowen Esqr
Surrogate of the Court of Vice Admiralty in the sd Province
Francis Parry Esqr Commander of his Majestys Sloop Cruiser who Libells the Ship America in behalf of himself and others begs leave to shew in Answer to the Memorial of Robert Cunningham who claims the sd Shipー
That it is unnecessary to enter into a discussion of the Characters or general Conduct of the owners of the Ship America or that of their Agents which are not at present in question before this Honble Courtー
The Prosecutor will therefore only Observe that the facts Charged in the Libell against the Ship America are fully Proved by the Evidence of William McKenzie and Robert McLean and that they are Confessed by the Claimant in his Memorial ー From these it appears that the Ship America came into the Province of North Carolina on the Tenth day of February last with a Load of Salt and three Hogsheads of Rum two of which were the property of the Mates of the said Ship and for which Rum it is not so much as pretended that there ever was a Certificate Clearance Bond or Bill of Storesー
That the Salt was brought to be disposed of in this Province if possible but the same was prevented by the prosecutor, who in discharge of his Duty & to distress the Rebels detained the said Ship and Saltー
That part of the said Rum was Actually disposed of after its Arrival here to different People and at different Timesー
That the Prosecutor in discharge of his Duty as an Officer of the Customs seized the said Ship America together with the Rum by Mr Willm Reid who is also an Officer of the Customs on the fourteenth day of March last and not having it in his power to Libell sooner, did on the first day of April Libel the said Ship America in the first Court of Vice Admiralty held in this province after the said Seizure and Charges that the said Ship having been detected importing into this Province three Hogsheads of Rum contrary to Acts of Parliament is therefore become forfeited to his Majesty against this Charge the Claimant Alledges that the said Rum is the produce of Barbadoes ー That it was no more than Necessary for Ships Stores And that he could have had a Bill of Stores for it, but he at the same time Acknowledges that it was not intended as Ship Stores being the Property of Robert McLean and the other Mate which is also proved by the Oath of the said Robert McLean who sold and disposed of it as his Property since his Arrival in this Province ー Wherefore it is Evident by the Claimants own Shewing That his Majesty hath been Unjustly defrauded of his Dutys on two Hogsheads of the said Rum in the Island of Barbadoes and that it was intended farther to Defraud his Majesty of the Duties .that should further Arise on the said Rum on its being imported into any part of his Majesty's Dominions but the said Rum being without Certificate Clerance or Bond must by Act of Parliament be deemed and Adjudged foreign and Subjects the Ship America in which it is Imported into this Province to forfeiture together with itself.
The Prosecutor also Charges in the Libel against the Ship America that she Contrary to an Act of Parliament prohibiting all Trade &c with the Colonies therein mentd came into the Province of North Carolina on the Tenth day of February last with a load of Salt and Rum and that part of the said Rum was actually sold and disposed of And that it was intended to have sold and delivered the said Salt in this Province contrary to Act of Parliament whereby both the Ship and Cargo is become forfeited to his Majesty-
This second Charge is also fully Supported by the Oath of William McKenzie and Robert McLean and the Claimant in his Memorial and therefore the Prosecutor having supported both Charges by the fullest and Clearest Evidence prays the Judgment of this Honourable Court.
