Robert Morris Esqr
Dr Sir
Your favour of the 4th Came to hand YesterdayI am glad you approve of my Not prosecuting Mr Braxtons schoonerI Could wish to Gett some shipping from hence but theres No schooners in this port fitt for your purposeI will Try Salem and Marblehead and if I find any will do I shall Acquaint you in Course—
Many prizes have been sent in here of Late Valuable and Capt Cunningham has sent in a snow which he presumes he Thinks Condemnable. she proves to be a portagues Snow bound from the Brazills to Fyall [Fayal]1 I Cannot find out his pretence for sending her in from the prize master Mr Wardell2 his papers are all portagues. I Never was so much at a Loss how to ActI think it will be a perplexing affair. some of my friends think I will be best to apply and Lay the matter before The Court for their Consideration and Even to beg their Care of her untill the Determination of the Judge of Admaralty reaches the Congress. Opinion may be of service on this affair. you will Judge how far the portagues are Liable by being Allies to Great Britain. we dont hear of she seazing of any American property Eather in their ports or at sea—
Capt Cunningham Took a Newfoundland Brign after the Taking this snow and the prize master says he Gave her to the portagues Captain and some of the Crew to Carry them To Fyall. The prize master says it was a Bargain Between them. I Construe it in a Different Lightupon the whole I wish he had not sent her inI am affraid of the ConsequenceI have Given you as much of the Circumstances as I at present am ablethar is six portagues sailors and one Woman passenger onboard her. she if Condemned will be Valuable having onboard her, sugar, Tand Leather &c No Invoice of her Cargo appears
Added Octo 1st:The Prize Master has deliverd Me his orders Reced from Capt Cunningham coppy of which I Inclose youIn the beginning he Says he has Special Orders to capture Portuguese Vessells as well as British propertyhow this is I Cannt Sayhe had his orders from Mr Braxton. The papers are all in the Portuguese Languageat Present I Cannt find any Person that can translate them into English—
If I Get any further Light about this Vessell, You shall certainly be acquainted either by Express or otherwaysIn the Mean time I Shall Lay A Petition before the Government of this State and Beg the Vessell & Cargo may Remain under Proper Care untill I Get An Answer to thisI beg You Advise by the Bearer as I Send on Purpose Express—
I have not time to get All the Papers Coppied as they now are and if no Person is to be found in Boston very Soon I Shall either go my self or Send to Mr Lopez who Lives Sixty miles from hence to get them translated—
I Inclose A Letter for Mr Braxton which please to forward to himI am Sir [&c.]
At Sea on Board the Armed Schooner Phanix, Latt 38 .. 54 North Long. 41 .. 00 .. West
August 28th 1777
To Mr. John Wardwell
Sir
As I have special Orders to Capture Portugueze Vessells as well as Brittish Property: and having taken into Possession the Snow St Joseph alias Atonio,3 Jungro Seco Master bound from Brazill to Portugal, my Orders are that you take imediate Charge of her and proceed with the utmost Expedition to Ocrocock, North Carolinia, and not to speak wth any Vessell if it be Possible to avoid it—when there arriv'd, to send Immediate advice thereof to Carter Braxton Esqr at Williamsburgh, Virginia, and follow his farther Directions with Respect to the disposal of the Prize—wishing your safe arrival at the desired Port I am [&c.]
Joseph Cunningham
P.S. If it so happen that you can not get to the abovementioned Port, Your are to Endeavour to go to Boston or any other Convenient American Port, to the Northward and on your arrival give Notice to John Rowe Esqr. & Joseph Webb Esqr. of Boston and desire them to send the same to Carter Braxton Esqr. as soon as Possible—