To all People to whom these Presents shall come Greeting: Whereas Brazilla Smith of the State of Massachusetts Bay Mariner & Commander of the Privateer Schooner Eagle in and by a certain Bond or Obligation became bound with Sureties to the Honorable John Hancock Esquire President of the United States of America in the penal Sum of five Thousand Dollars to be paid to the said John Hancock Esqr his certain Attorney Executors Administrators or Assigns in Trust for the Use of the said United States, with a Condition to the said Obligation annexed that if the said Brazilla Smith Commander of the said Privateer Eagle shall not exceed the Powers and Authorities contained in the Commission of the said Brazilla Smith, but shall in all Things observe and conduct himself and govern his Crew by and according to the same, and certain Instructions therewith to be delivered to him; and shall make Reparation for all Damages sustained by any Misconduct or unwarrantable Proceedings of himself or the Officers or Crew of the said Privateer Eagle that then the said Obligation shall be void, otherwise to remain in Force, as by the said Bond and Condition thereof may more fully appear: And whereas the said Brazilla Smith hath, since the granting the aforesaid Commission to him by the Honorable Congress, taken and apprehended upon the High Seas a certain Brigantine called the Joseph belonging to Joseph Hewes and Robert Smith of the State of North Carolina: Now Know Ye, That the said John Hancock hath assigned and sett over, and by these Presents doth assign and sett over unto the said Joseph Hewes and Robert Smith (the said Joseph Hewes and Robert Smith alledging that the said Brazilla Smith hath not in all Things performed the Condition of his Bond given as aforesaid, but hath broken the same) the said recited Bond or Obligation and all his Right and Interest of in and to the same; And the said John Hancock hath made constituted and appointed, and by these Presents doth make constitute and appoint the said Joseph Hewes and Robert Smith his true and lawful Attornies for him and in his Name, and in the Name and Names of his Executors and Administrators to ask require demand and sue for the said Penalty of five Thousand Dollars in any Court of Law having Jurisdiction to hear and determine the same: And the said John Hancock hath not received, nor will receive the said Sum of five Thousand Dollars or any Part thereof but will own and allow lawful Proceedings for the Recovery thereof, they the said Joseph Hewes and Robert Smith saving the said John Hancock harmless of and from any Costs that may happen to him in any Suit to be commenced on the said Bond — Provided always and it is the Intent of both Parties, notwithstanding the Assignment afsd that the said Bond shall be returned by the said Joseph Hewes and Robert Smith to the State of Massachusetts Bay after they shall have prosecuted their Suit thereon to be and remain in the Possession of the said State as hertofore it hath been. Witness my Hand and Seal this Thirteenth day of September 1777.
John Hancock
President of Congress.
Sealed & delivered
In the Presence of
Jacob Rush Benjn Towne