(No 1:)
Sir
In my Dispatch of the 8th March last (marked No 1 sent Express by His Majesty's Sloop Hawke)2 l represented to their Lordships the proceedings of several of the Inhabitants of these Islands who had for some time before made it a practice to fitt out small Armed Vessels to Cruize on the High Seas to make Capture and Prize of American Vessels; without having Commission or any lawful Authority to empower them to do so; I also laid before their Lordships the methods I had taken to prevent their doing so,and the Consequence that had followed; of their Arresting me for the Detention of the Sloop Hamond,one of the aforesaid Armed Vessels sent in by his Majesty's Ship Portland: a few days afterwards,they brought anAction likewise against Captain Dumaresq for taking away and impressing as they were pleased to call it) the Men belonging to the said Sloop Hamond, grounding their Action on an act of Parliament of the 19 George 2nd Cap: 30: Intituled "An Act for the better Encouragement of the Trade of His Majesty's Sugar Colonies in America," which was brought to Issue and Trial the 3d Instant in the Court of Common Pleas for the Island Antigua; and a Verdict Obtained against Captain Dumaresq for nine Hundred and fifty Pounds Sterling; being £50 Stg for 19 Men the whole Number of Men (Blacks Whites and Mulattoes) that were on board the Sloop Hamond, when Detained by the Portland, notwithstanding only Nine of them were kept, who had offered to Enter for the Fleet, and were put on board the Roebuck; the other Ten were all suffered to go on shore wherever they pleased: The Chief Judge however thought proper [to] recommend to the Jury (to find a general Verdict: in Order as our Lawyers say who pressed for a special one) to prevent an Appeal and the whole proceedings going to England: Captain Dumaresq had in the beginning applied to the Attorney General to bring the Sloop &ca, to trial in the Court of Vice Admiralty; for being Armed, & Cruizing without Commission, and in no wise agreeing with her Description in her Papers and Documents, but was refused.
The Sloop Hamond in my Opinion cannot be deemed within the meaning and description of the Act of the 19. Geo: 2nd Cap. 30; as she is neither a trading Vessel, or a Privateer; having no Commission to make her so: This the Attorney General plead but to no purpose; a Spirit of Revenge and indignation is industriously stirred up against the Squadron under my Command, because I would not tamely suffer their illegal proceedings, of Cruizing to take Prizes —without Commission; it therefore appears to me they were determined at all events to give their Verdict against us and as far as they could prevent our obtaining redress by carrying it into a superior Court. My Cause is not Yet come to trial, tho I was first attacked; when it does I can expect no kind of favor; to Captain Dumaresq: they did make some shew of Civility; but to me through the whole behaved with the utmost insolence; Since I have Commanded here; I never suffered a single Man to be impressed for any Ship of the Squadron; and what was done by Captain Hamond and others of the American Squadron, here and at St Kitts, was without my Orders or knowledge and after they had left me: however had it been otherwise, that could not be made an excuse: as they began their Actions before the other happened. Captain Bryne who comes with the present Convoy; has been obliged when at this Island to keep himself close on board His Ship, or within the Yard: as Writs were taken out against him for the same act as Captain Dumaresques.
I must now beg leave to request, that their Lordships (in behalf of myself and all the Officers of the Squadron under my Command) will be pleased to intercede with His Majesty for our Protection, and that we may not be sufferers for Endeavouring to keep up the Dignity of the Flag in not allowing the most flagrant abuses and Indignity to the Royal Authority. Indeed it would be particularly hard on the Officers who Act by Order, (as they did in this case:) and I flatter myself His Majesty and their Lordships will approve my giving those Orders (Copies of which I transmitted by the Hawk). I must also beg leave to observe that now they have established a Precedent: so long as the Act of the 19 Geo 2nd Cap: 30: remains in force: no Officer will be safe even in entering Men; as they may Construe that into impressing as they have done in the present case; I beleive indeed this is the first instance of an Action being brought under that Act; tho a great many Seamen have been impressed at times at Jamaica &ca neither do I suppose it would have happened here, had it not been for the interfering with their self appointed Privateers (as they call them) the TradingVesselshave certainly never suffered by us; but very much by the aforenamedArmed Vessels, ho have decoyed away the Seamen from the Trading Vessels: Transports and King's Ships 6y large promises of Advance &ca from the aforegoing Circumstances their Lordships will readily perceive I cannot expect any kind of Justice here, in the present dispute; and the whole herd of Lawyers are Retained against us: However I have the utmost Confidence His Majesty will, on their Lordships representation, both protect and redressus. I am Sir[&c.]
[Endorsed] Antigua 12th June 1777 Vice Ad: Young Recd 31 July