To the Printer.
Under a tyrannical Government, it generally happens that the officers in Administration from the highest to the lowest, are a set of villains, who countenance and support each other in every species of oppression, injury and abuse of the unhappy people who fall into their clutches. The Laws, only instruments of Oppression, but afford no protection from it. even those that were well intended, in the hands of such officers, are Of this the following Narrative of Capt. Robert Campbell, affords a remarkable instance, and is a slight specimen, of what every American might expect, if ever these Colonies should again fall under subjection to the tyrannical power of Great-Britain, or any other state or person.
Narrative of the Case of Captain Robert Campbell, of New York.
On the 24th of October, 1775, Captain Robert Campbell, Master of the sloop America, having on board 65 hogsheads of sugar, a mare and a chariot, shipped by and belonging to inhabitants of St. Croix, sailed from that place, bound to New York, where he intended to pay the duties, having refused other freight offered on condition of his attempting to run it at New York. ー Meeting with bad weather soon after he sailed, his vessel and rigging received some damage. On the 24th November, lat. 35, long. 68, he was brought to by the Viper sloop of war, Capt. [Samuel] Graves, who sent for and examined him, looked over his papers and returned them, saying he would put an officer on board to keep the sloop by him, as he was going to New York; but soon after took the papers again, saying he would inclose and send them to Boston, where sugars bore a better price than at NewYork. However, he assured Capt. Campbell, that if his vessel had no powder on board, she should not be condemned. Some time after Capt. Campbell was returned to his sloop, the man of war's boat came again, with a message from Captain Graves, demanding Capt. Campbell's sword and pistols, which the officer having received, took of his own accord a small box containing six bottles of castor oil, and a small cup of jelly ー meanwhile the men were not idle, but like their officer, took many little things that lay in their way, and broke open a cask of sugar, from which they stole as much as they could conveniently hide from their superior thief. Capt. Graves, as he proceeded in villany, growing more callous, now demanded and took away Capt. Campbell's Mate and people, putting five of his own men on board in their stead, with orders to steer N.N.E. for Boston.1
Soon after setting sail, Capt. Campbell perceived that neither of Graves's men understood working the vessel, nor taking an observation, and told them that as they proceeded, they would never reach Boston. On the 30th of November, all the provisions the Viper's men had brought, being expended, and having only 90 lb of bread on board the sloop, which he observed the men used very lavishly, he proposed dividing it among them, which was done and amounted to about 10 lb. each man. The sun having not appeared for five days, they now stood south, and continued so three days, to lat. 35.11. Then put it to vote whether to go on the coast, or to the nearest port. The bad condition of the vessel and shortness of bread and water, induced Capt. Campbell to vote for the nearest port, which being agreed to, they sailed for Bermuda three days, but not being able to reach it; the officer ordered his second, to sail for Antigua ー where, with Capt. Campbell's best assistance, they arrived in St. John's harbour, the 21st day of December last. On the day of his arrival, the vessel was seized by a customhouse officer, on suspicion of having on board foreign rum and sugar. Capt. Campbell then entered his protest against Graves and the customhouse, for all losses, &c. occasioned by the detention, seizure, &c.
Capt. Campbell perceiving his vessel detained, and no likelihood of any redress, applied for advice, to a Lawyer, one Philip Hicks, who on his behalf drew up and presented a petition to the Hon. Robert Christian, Esq; Judge of the Court of Vice-Admiralty for the Island of Antigua, reciting the foregoing particulars, and setting forth the great injury he had sustained in his property, and the many personal insults he had suffered by approbrious language, &c. That though Capt. Graves was arrived, and pretended the sloop America and her cargo were lawful prize, yet he had instituted no process, nor taken any step towards her condemnation, the petition therefore prayed that the Judge would issue a monition against him and all other persons concerned in the seizure and detention, &c. citing them to appear at a certain day, and answer to the complaint against their conduct respecting the said sloop.
The Judge granted the petition, and appointed the 26th day of January, for holding a Court of Admiralty, for the purposes mentioned in the petition.
After this monition, Graves found it necessary to bestir himself, in order to secure the plunder, which by an act of piracy he had violently taken from an innocent man and the right owner, from being wrested out of his rapacious hands. He therefore applies first to the officers of the customhouse, who had, as well as himself, seized the vessel, and as they no doubt agreed to share the plunder between them, they jointly concurred in a letter to the Attorney General, who was also a Justice of the Peace and the King's Proctor, of which letter the following is the su[b]stance, viz.
To Thomas Warner, Esq;
What can or shall we do with the vessel we have taken, brought into port and seized? Though her papers are good, and she has not broken any of the acts of trade; neither is there anything on board that will confiscate her ー But her owners are in a state of rebellion against the King, and his Parliament.
[The Attorney had as yet come upon no terms with them, and therefore it was necessary he should let them know his importance, in order to enhance his share in the plunder.]2
The following is a copy of his answer.
Though you have the vessel in port, and you actually know that her owners are in a state of rebellion against the King, and Parliament, and his troops ー yet their goods and effects cannot be forfeited nor confiscated, before they are convicted or fled.
What secret measures were taken after this, to induce the Attorney General to become an accomplice in the villainy we know not, but that he did business.become an accomplice, appears from the part he afterwards acted in the
In order to embarrass Captain Campbell and put it out of his power to prosecute his suit, two of his sailors, Thomas Pacey and John Lawrence were tampered with, treated and intoxicated, when they were subborned to swear, on the 23d January last, before the same most conscientious Attorney, Proctor, Justice, &c. Thomas Warner, Esq; at least so he certifies, that Captain Campbell had, to each of them acknowledged, that since the rebellion in North America he had served as an Artillery soldier in the rebel army, and that when he was at New York, and St. Croix, he wore a cockade in his hat. Therefore he, (the illustrious Thomas Warner, Esq;) issued a warrant, to John Jackson, Constable, requiring him, to take up and keep in safe custody, the said Capt. Campbell, till he should be dealt with as the law directs.
After this warrant was served on Captain Campbell, he was not immediately put under close confinement, as might have been expected from the tenour of the warrant, but suffered to go at large for several days, no doubt to give him an opportunity to go off, if he chose to do so, because, in that case, by the new act, the vessel and cargo becomes forfeited. But Captain Campbell, aware of the snare, made no effort to go off, but, on the contrary, urged on his suit. Finding this plan ineffectual, it was dropped, and recourse had to another. He was now taken up, and closely confined in a goal with felons, at a short allowance of raw provisions, which were to be dressed by the common Negro Hangman, and under this rigorous and ignominious confinement and treatment, he continued for eight weeks and three days. ー During which time. and afterwards, till with continual insults, and the utmost contempt, hisbeing shunned by the men departure, he was treated with whom he had been acquainted, who would scarcely deign to speak to him; ー some indeed told him, that they should give offence to their superiors if they shewed him any countenance; and one considerable merchant, with whom he had often done business, told him, that he feared his coming to his house, would expose him to censure, and be a disadvantage to him; after which, Captain Campbell never went near him.
During this time, (on a combination of all the villains concerned) there was exhibited (on the 9th of March 1776,) against the vessel and cargo, a libel, which was designedly made a false one. ー That upon its being proved false, another might immediately take place, upon another act, which was not in force till after the commencement of the first process. In the Libel, the seizure of the vessel by the Viper, which was on the 24th November, (when no act by which it could be seized was in force) was set forth to be on the 6th of January, when the act for seizing American vessels was in force.
After the (Allegation or) Libel, above mentioned was issued, (signed by George William Jackson Register in Admiralty) Mr. Hicks, (before mentioned) Captain Campbell's Attorney, acquainted him by note, that he, (Mr. Hicks) was employed to prosecute the claim of Mrs. Alletta Heyliger, for 28 hogsheads of sugar, her property, (part of the 65) on board the America, that he was clear the vessel could not be condemned, and advises Capt. Campbell to put in his claim, and give security as the law directs. It appears by a note of Isaac Harvey, that he had provided security for the vessel, and Captain Campbell was at liberty to take every advantage, on that account, that the law would afford him.
On the third of May, came on the trial, when, after a full examination and hearing, the judgment sets forth,
the claim of Mrs. Heyleger, that it was allowed, and her property ordered to be restored; but that no other claim being made, the Court, as their definitive sentence, declared, the sloop America, her tackle, apparel and furniture, and the lading on board, (except Mrs. Heyleger's 28 hogsheads of sugar) to be condemned as lawful prize, for the use of the Captors.
The night before the trial, Mr. Hicks, the Lawyer, who appeared to be very intimate with Mr. Christian the judge, was a long time in close conversation with him. ー Mr. Hicks told Captain Campbell, that he had said, if a claim for the vessel and remainder of the cargo should be made by Captain Campbell, it would have been allowed in Court, and the whole restored; butif it should be done, preparations were made to exhibit another Libel immediately on the new act, which would certainly have produced a condemnation of the vessel and cargo, at fifty or 100 pounds more expence; so that by Mr. Hicks's advice, Captain Campbell thought proper to wa[i]ve his claim, and acquiesce in the judgment.
The custom house officer had thought proper to quit his claim on the seizure he had made of the vessel, which being at that time in custody of the men of war, was of no real damage to Capt. Campbell, and therefore he could recover no damage on that account; and of the Captain of the man of war none could be recovered, because by the act, no damage shall be recovered of any person seizing vessels, though it should appear on trial that the seizure had been illegally made, and the vessel should be cleared.
Thus every way was Capt Campbell cut off from any redress, and after suffering a long and cruel imprisonment, and innumerable insults was obliged to acquiesce in the loss of vessel and cargo, without the breach of any law, even those oppressive and tyrannical laws of our enemies themselves.
The following accounts were for charges on the imprisonment of his person.
Captain Robert Campbell
To the Hon. Robert Christian, Esq; Dr.
1776
March 28. |
My fee for calling and attending a special
Court to admit you to bail. |
|
£ 5 0 0 |
Ditto. |
For summoning three Judges and the
Attorney-General at 3s 6d. each. |
|
0 14 0 |
Ditto. |
A Writ Habeas Corpus, to produce your
person in Court, |
|
0 3 9 |
|
|
|
£ 5 17 9 |
Fee per Docket, |
|
£ 2 4 5½ |
|
Writing four notes to the
Judges and Attorney
General, at 3s. 4d. |
|
0 13 4 |
|
Writ Habeas Corpus, |
|
0 6 8 |
3 4 5½ |
Constable's (Jackson) trouble for apprehending
you, for treasonable practices, and bringing
you before Mr. Warner, } |
|
1 10 4 |
|
|
£10 12 6¾ |
A Note sent with the Constable's Account.
Mr. Warner sends his Compliments to Captain Campbell, and if he will not pay Mr. Jackson's accompt, Mr. Warner must issue his warrant to compel him to do it.