[Halifax, North Carolina, December 23, 1776]
The Memorial of the State of North Carolina To the Delegates of the united States of America in Congress Assembled.
Sheweth
That about twelve Months past Joseph Hewes and Robert Smith Esquires of Edenton, Merchants and free Citizens of this State loaded a Certain Brigantine called the Joseph under the command of Emperor Moseley, and sent her to Cadiz in Spain, where she was detained until the Ninth day of October by British Ships of War which Cruized off the said Port
That on the Eleventh day of November last the said Brigantine being on her return to Edenton with Two Thousand bushels of Salt, a quantity of Wine, Jesuits bark and other Articles of very considerable value was Seized and made a Prize of by a Privateer belonging to Boston in the state of Massachusetts Bay Named the Eagle, and Commanded by Brazilla Smith and said to be the property of Elijah Freeman Paine, as by the Deposition hereto Annexed will appear.
That the said Capture appears to this State to be a direct Violation of the peace and union of the united States, and Contrary to the Laws of all Civilized Nations in general, and to the rights of the Citizens of this State in particular. This state ever watchful over the Rights of its Members, expects that Strict justice will be done in the premisses either by the Captors, or the State of Massachusetts Bay, and have no doubt, but the Delegates of the united States will effectually interpose to have Justice done to injured Citizens, and to punish those atrocious Violators of all Law and Justice, whose Avarice and rapacity if not timely checked, cannot fail to be attended with the most fatal consequence to the American union
By Order
Jas Green jun Secy
[Deposition annexed]
Before us Thomas Jones & Thomas Benbury Esquires Members of the Congress for the State of North Carolina, speciaHy appointed by the said Congress to take depositions relative to the Capture of the Brigantine Joseph
Personally appeared Emperor Mosely late Master of the said Brigantine and being sworn on the holy Evangelists of Almighty God, deposeth & Saith that he this deponent was master of the said Brigantine Joseph, that he sailed with the said Brigantine under his command from the Port of Edenton in the said state on the twenty second day of January One thousand seven hundred & seventy five with a Cargo of Pipe Staves &Tar the property of Joseph Hewes & Robert Smith Esquires, Merchants in Edenton in the said State on a Voyage to Cadiz in Spain, that the said Cargo was Consign'd to Messrs Duff & Welch in the said Port of Cadiz, that he arrived at the said Port of Cadiz on the twenty third day of February following and delivered his said Cargo to the said Duff & Welch, and received from them & others a Quantity of Salt, Wine & other Articles as by an Invoice hereto Annexed will more fully appear and was ready to sail from the said Port of Cadiz for the said Port of Edenton in the state of North Carolina aforesaid on the twenty third day of March following that on the said twenty third day of March Three British Ships of War appeared off the said Harbour of Cadiz; where they continued to Cruise, and some of them were seen almost every day till on or about the seventh day of October following, so that this deponent could not get out of the said Port during all that time with any Probability of escaping them, that on the ninth of the said Month of October having a fair Wind and being informed by Messrs Duff & Welch that the said British Ships were gone to Gibraltar, he sailed from the said Port of Cadiz for the said Port of Edenton in the state of North Carolina aforesaid, that he proceeded on the said Voyage till the tenth day of November being then in or near the Latitude of 35.39. Longitude 57.0. he spoke with a Schooner called the Eagle, that he this deponent was ordered to heave too that the Schooner might send her Boat on board his said Brigantine that soon after the Lieutenant and two men came on board his said Vessel and told this deponent that his said Schooner was a Privateer, that she was called the Eagle, commanded by Brazilla Smith and that he this deponent must go on board the said Schooner with his Papers, that this deponent went on board the said Schooner & carried with him the Register/of his said Brigantine, a Bill of Health & Certificate of the landing his Cargo in Spain also several Letters for his said Owners and for Persons in several other States, that the officers of the said Schooner broke open all the said Letters and carelessly threw them and the Invoice & other Papers about the Cabin of the said Schooner, that this deponent afterwards took up such of them as he could find and took care of them, that the said officers told him this deponent he ought to have a Proper clearance from Spain, that they must carry his said Brigantine into Boston, that on the eleventh day of November they took possession of his said Brigantine and put a Prize Master and six men on board and took out of the said Brigantine the Mate and two hands and carried them on board the said Privatier, that they the said officers then put him this deponent on board the said Brigantine, that the Prize Master told him this deponent the said Privatier belonged to Elijah Freeman Payne of Boston, that soon after the Prize Master and his men had taken possession of the said Brigantine they unstowed the Wine, put one cask of it on board the Privatier and brought another cask up into the Brigantines Cabin broached it, and suffered the People to draw out when they pleased, that on the seventeenth day of Novemr at twelve oClock this deponent took an observation and found the Brigantine was then in the Latitude of 33.0. North, that he then desired the Prize Master who had the charge of the said Brigantine to take care he did not get on the rocks of Bermuda before morning thqt this deponent thought they must be near the said Island to which the said Prize Master replied he was seven or eight degrees to the eastward of the said Island, this deponent further saith that at two o'Clock in the morning of the eighteenth of November the said Brigantine Joseph struck on the Rocks of the said Island, that the said Brigantine was among the Rocks a considerable time and struck very hard many times, that the said Brigantine beat over several Rocks at length they came to an Anchor in Ten fathom Water and lay till about Ten o'Clock when several Boats came from the shore and the People conducted the said Vessel clear of the said Island, This deponent further saith that the Prize Master and his men appeared to him. this deponent to be very little acquainted with the management of square rigged Vessels that they took little or no care of the Provisions on board that he saw great waste committed, that he this deponent offered several times to conduct the Vessel for them into any Port they chose, if they would give him leave, that the Prize Master refused and said he could carry her in. This deponent further saith that when he considered how severely the Brigantine had Struck on the rocks, that the Prize Master and his Crew were very ignorant, that the Provisions on board were wasting very fast, that the Brigantine was going on a Winter's coast he thought it prudent and necessary for his own safety to leave the said Brigantine, that he applied to the Prize Master and obtained his leave to go on shore in one of the Boats that came off from the said Island of Bermuda, that he landed on the said Island in the afternoon of the eighteenth of November from whence he got a passage to this State and further this deponent saith not.
Emperor Moseley
Sworn to the 23d day of December 1776 before us
Thos Jones Thos Benbury
[Invoice enclosed]
Invoice of Sundry Goods on board the Brigantine Joseph Emperor Mosely Master, at the time She was Taken by the Schooner Eagle Brazilla Smith Commander — Viz.
2080 Bushels of Salt |
20/ |
2080 |
— |
— |
50 Quarter Butts of fine old Sherry |
£20 |
1000 |
— |
— |
2 Casks contg 200 lbs Jesuits Bark |
80/ |
800 |
— |
— |
3 Jars Raisons |
50/ |
7 |
10 |
— |
9 Barcelona Handkerchiefs |
|
6 |
10 |
— |
1 Cask Brandy 10 gallons |
15/ |
7 |
10 |
— |
8 gallons rum |
15/ |
6 |
— |
— |
3 doz botled Wine |
|
10 |
— |
— |
20 lb Powder |
12/ |
12 |
— |
— |
1 Jar sweet Oyl |
|
3 |
— |
— |
1 Case containging 15 Bottles |
|
2 |
— |
— |
2 Bolts Canvas |
|
16 |
— |
— |
2 bbls Bread |
|
4 |
— |
— |
2 ditto Pork & Beef |
|
10 |
— |
— |
Sundry Cabin & other Stores |
|
10 |
— |
— |
Brigantine Joseph valued at, and if she had arived in North Carolina would have sold for |
|
1500 |
— |
— |
|
|
————— |
Equal to 13686¼ Dollars |
|
£5474 |
10 |
— |
Before us Thomas Jones & Thomas Benbury Esquires
Personally appeared Emperor Mosely late master of the Brigantine Joseph, and being sworn on the Holy Evangelists of Almighty God deposeth & saith, that at the time he was taken by the Privatier Eagle, commanded by Brazilla Smith all the Articles above mentioned to the best of his knowledge & belief were on board the Said Brigantine Joseph accept Two Quarter Butts of the Wine which he believes were leaked out, and further this deponent saith not.
Emperor Mosely
Sworn to this 23d day
of December 1776 before us
Tho: Jones Thos Benbury