State of the Massachusetts Bay—
To The Honble. Councill & House ofRepresentatives—ofSaid State nowSitting in Boston—
The Memorial of John Rowe of said Boston Mercht. Shews—That your Memorialist is Agent for Carter Braxton Esqr of Virginia & the Honble Robert Morris Esqr one of the members of the Continentall Congress & others who are Owners of the Private arm'd Schooner Phenix1—commanded by Joseph Cunningham
That Said Cunningham has Lately captured & sent in a Snow calld as he thinks the St Joseph Jungo Seco Master2—mann'd by Portuguese & tis Said bound from the Brazills to Fyall [Fayal]—The papers that are Sent in are all in the Portuguese Language—That upon the most diligent Enquiry your Memorialist cannot find any Person in Boston that can justly Render the Portuguese Language into English—So that no Judgment can be formd whether the Said Snow or her Cargo is the Property of the Subjects of the King of Great Britain or of the King of Portugall
Your Memorialist is apprehensive that Shoud She prove to be the property of some Subject or Subjects of the King of Portugall her being Libell'd here and condemnd, as it is Probable She would be there being no One here to Claim in Behalf of the Owners,—it might be Attended with bad Consequences to the United States of America & possibly involve them in A Dispute with that Nation—Your Memorialist is therfore at A Loss how to proceed in the Premises—and as it will be Some considerable Space of Time before he can Receive any Advice from his Employers how to act,—He begs the Advisement of this Honble. Court. what Shall be done Respecting Said Snow—& her cargo—and that your Honours would advise & direct in the Matter as in Your Great Wisdom shall Seem meet3 And Your Memorialist Shall ever Pray—
John Rowe
Boston Octo 3d. 1777—
DS, M-Ar, Mass. Archives Collection, vol. 183 (Petitions to the General Court), 195-96.
1. Massachusetts privateer schooner Phœnix, Joseph Cunningham, commander, mounting 12 carriage guns and 8 swivels and cohorns. She was commissioned on 9 July 1777. M-Ar, Mass. Archives Collection, vol. 139, 132; and vol. 183, 89-90 (Petitions to the General Court).
2. Nostra Senhora de Carmo e Santo Antonio, Joaõ Garcia Duarti, master.
3. On 6 Oct. the Council suspended the trial of the snow until her ship's papers could be translated. Resolve of the Massachusetts Council, 6 Oct., M-Ar, Mass. Archives Collection, vol. 183 (Petitions to the General Court), 197.