Thomas Rutenburgh of Providence Commander of the Private Sloop of War called the Montgomery of the port of Providence duly commissioned agreeable to the Resolves of the Honl the Continental Congress to cruise against the Enemies of the united States of America in behalf of himself, the Owners of and the officers and Men belonging to said Sloop of War comes into this Honl Court and gives your Honor to understand and be informed that on the Twenty ninth Day of October AD 1776 being on a Cruise against the Enemies of said united States upon the high Seas he together with his officers and Men took and captured the Schooner Frank with her Appurtenances commanded by one Sylvanus Waterman together with her Cargoe consisting of Ninety one Cask of dry Fish about Fourty Quintals of dry Fish in Bulk Eleven Tierces and five barrels of Oil and five barrels of Herrings cleared out from the Port of Ferryland in the Island of Newfoundland to the Island of Jamaica in the West Indies and which said Schooner in the month of March AD 1775 being then called the Dolphin sailed from the Port of New London with her Cargoe.under the Command of Silvanus Waterman and arived at Montego Bay in the Island of Jamaica in the month of April following where he sold her Cargoe and gave a Bill of Sale of s[a]id Schooner to one Francis Mariez Merchant at said Montego Bay and took out a New Register in the Name of sd Francis Mariez and changed the Name of sd Schooner to the Frank. And took in a Cargoe of West India Produce and cleared out for Newfoundland where she arived in the Month of October following, and there took in a Cargoe of Fish &c and cleared out and returned back to Jamaica, And there took in another Cargoe of West India Produce and in the month of April AD 1776 cleard out for the Island of Newfoundland Subject to the King of great Brittain whose Fleets and Armies then were and now are acting in an hostile manner against the sd united States of America, and at said Newfoundland took in a Cargo of Fish &c and clear'd out for Jamaica and on her return there was taken & captured as abovesaid so the Libellant saith that said Schooner before and at the Time of Capture had been imployed in carrying supplys to the Enemies of the said united States contrary to the Resolves of Congress the Laws of this State and the Law of Nations, And the Libel[la]nt further informs your Honor that he hath sent said Schooner with her appurtenances and Cargo into the port of Providence within your Honors Jurisdiction for adjudication. Wherefore he humbly prays that your Honor would take the Premises into Consideration and grant out the proper Process & Monition in such Cases by Law requird and further proceed as to Right and Justice appertaineth
John Cole pro Libellant 2
[Endorsed] Received Novr 28: 1776
1. Admiralty Papers, vol. 9, R.I. Arch.
2. Frank was tried and condemned on January 27, 1777, Admiralty Papers, vol. 9, R.I. Arch.
