October 7, 1798,
a number of slaves were complaining.
On October 8,
1798, squalls with heavy rain. “Several Slaves [were] Complaining of the gripes
[occasioned] By the weather.”
On October 9,
1798, more squalls with rain showers and some rain and lightning. The slaves
were in good spirits and those that had been complaining are doing better as
they were getting a mid-day mess and liquor.
More Prize Law
When a chase and
its cargo captured as a prize were recaptured by someone of the chase’s nation,
the owners of the chase and the cargo had their rights restored. However, those
who recaptured the chase, known as salvors, were entitled to salvage, which was
a judicially determined payment of a share of the value of the chase and cargo.
In determining the payments, the court took into account the labor performed
and the risks taken by the salvors. Salvage could also be earned by “rescue”
where prisoners aboard the prize have an uprising, overthrow the captors and
bring the ship to a home port. Where salvors did so by rescue, they did not
have to have Letters of Marque or a naval commission to be entitled to salvage.[1]
This unusual aspect of prize law comes into play as the Uncle Toby is retaken
by her crew, as follows. Much later, we will look at a court case where the
Uncle Toby crew seeks proper compensation from the Uncle Toby owners.
Uncle Toby
On October 9,
1798,[2]
about 3:00 p.m., “dreading the treatment which they might receive either in a
French or Spanish prison,” Henry Martin leading with a small hatchet, John
Royce with an iron bolt, Peter Bowen with an axe, Daniel Haywood with an iron
bolt, and John Makins with an iron bolt, attacked the prize master and nine men
who had small side arms. John Hill refused to assist.[3]
After a ten minute struggle, in which 5 of the French sailors were killed,
Martin, Royce, Bowen, Haywood and Makins regained possession of the Uncle Toby.
The rest of the French sailors, including the prize master, surrendered and
“cried for quarters.” The French prize
master figured they were within 45 or 50 miles of St. Thomas, a Danish
possession, and he asked for a boat that he and the rest of his French crew
could use to go there. Being short of provisions, the request was granted, and
the Uncle Toby shifted its course toward Tortola, a British possession. Henry
Martin, leader of the uprising, figured that by rationing provisions for 14
days, they could each have three pints of wheat and bran each day. Before the
capture, the Uncle Toby rations were a pound of meat a day and about five
pounds of bread a week for each man and at the time of capture there were
provisions for about 20 or 30 days at that level. They encountered very heavy
seas and the wind pushed them off course, too far north of Tortola. So they
tacked ship and decided to head toward Jamaica.
Lloyd’s List,
dated January 22, 1799, indicates that the Uncle Toby, with Captain Law, from
St. Ube’s bound to New York, was “retaken by the Crew” and taken to Jamaica. The
fact that a Captain Law was named instead of Captain Cottrell is not unusual as
Lloyd’s List often has captains from earlier voyages listed, among other common
errors. Listing the arrival in Jamaica, without other intervening events, is
another error that is revealed a little later. [The next entry for the Uncle
Toby is October 28, 1798]
Iris
On October 10,
1798, nine slaves were complaining, occasioned by the weather. The crew paid
attention to keep the slaves’ feet dry.
On October 11,
1798, the crew were spinning spunyarn, painting and repairing the pinnace,[4]
one of the boats. A male slave died and was “burried” at sea. Two of the slaves
were observed to have sore eyes.
On October 12,
1798, some slaves were complaining of sore eyes and two had sore mouths and
throats.
On October 13,
1798, the crew were serving and bending the starter cable. One slave was
dangerously ill and four were complaining of sore eyes.
On October 14,
1798, the crew were painting the sides of the ship and one slave was
dangerously ill.
On October 18,
1798, the slaves are getting a middle mess of bread every day.
On October 19,
1798, one slave was dangerously ill and several others were complaining.
On October 21,
1798, the slaves were in good spirits.
On October 24,
1798, several slaves were complaining of sore eyes.
Sometime
before October 26, 1798, the Iris, or perhaps the Martha, landed in St.
Vincent’s from Africa, then headed toward Jamaica.[5]
On
October 26, 1798, per the logbook, the men on the Iris saw the Island of
Barbuda[6]
and sailed between St. Kitts[7]
and St. Eustatius.[8]
North America
On October 28,
1798, Captain William Burke and the North America left the city of Santo
Domingo, just six weeks after it was purchased by James Blake at auction. There
were 12 men on board. At least five were U.S. citizens, one an English negroe,
two Spaniards, one of them black, and the supercargo, Theady McCarthy, was a
naturalized Dane. McCarthy was born in Cork, Ireland, then spent three years on
the Island of Santa Cruz, a Danish possession, where he was naturalized, then
had resided in the West Indies for the past seven years. James Law, a U.S.
citizen, was his second mate [see the entry for October 1, 1798]. The North
America had a cargo of wood and gum, it had no mounted guns, arms or ammunition
that belonged to the ship and it was flying under U.S. colors. It was going to
stop in Port Royal, Jamaica, for provisions, then sail with a convoy to
Philadelphia.
North America and Uncle Toby
On October 28th
or shortly after,[9] the
Uncle Toby connected with Captain William Burke of the North America. The North
America agreed to accompany the Uncle Toby to Jamaica and supplied them with a
barrel of bread, two pigs, water and three bottles of rum. The North America
also transferred to the Uncle Toby a man that was a passenger, apparently the
navigator.
More Prize Law
The initiation
of a prize case was called a “libel” and when the ship and/or cargo were deemed
legally seized, it was called a “condemnation.” In England, the High Court of
Admiralty had exclusive jurisdiction over prize cases. Overseas, in the British
colonies, the vice-admiralty courts had jurisdiction over prize cases. Appeals
of prize cases, including those in the British colonies, went to the Lords
Commissioners of Appeals in Prize Causes located in London. Opinions in prize
cases and prize appeals were not published for hundreds of years. The first
reporting began in 1799.[10]
The captor had
to promptly initiate a libel against the chase. Because seamen were highly
mobile and in and out of port quickly, the judicial process was designed to
take quick testimony of members of the crew of both the predator and the chase
and to make a decision as soon as possible. The judge of the prize court did
not hear testimony. Rather, commissioners of the court obtained testimony by
interrogatories and judicial questionnaires which were read aloud to the seamen
and their answers recorded. There were separate hearing areas so that separate
commissioners could interrogate different witnesses at the same time without
them being influenced by each other. The ship papers revealed the ownership and
nationality of the vessel, the nature and ownership of the cargo and the origin
and destination of the ship and cargo. The interrogatories and ship papers were
then submitted to the prize judge who made the decision based solely on the
documents. If the documents submitted to the court raised serious issues,
further evidence could be sought, usually in the form of sworn affidavits. If
the judge found that the predator did not have probable cause, the chase was
released and a judgment for damages was issued against the predator. If the
judge found that the predator had probable cause, but did not condemn the
chase, the chase was released, but no damages were awarded. If the chase was
condemned, the ship and cargo were sold and the sale proceeds were held by the
court for distribution, first to neutral claimants like cargo shippers, then
for distribution among the owner and crew of the predator in accordance with
established rules. Proceeds were held for a year and a day to allow claimants
time to appear.[11]
An issue that
often had to be decided was whether an owner or merchant was neutral or
belonged to an enemy nation? The focus was on where the owner and merchant
lived and to whose economy they contributed. Many owners and merchants established
places of business in foreign ports and when war broke out, if they did not
close down their businesses and leave, they ran the risk of losing their
neutral status. If an owner or merchant remained in a nation that was at war,
accepted its protection and contributed to its economy, he lost his neutral
status and became a national of that country. Subterfuge was common and prize
courts were regularly trying to look through false papers, quick title
transfers and pretended neutrality as they tried to determine nationality.[12]
Iris and North America
Over the course
of two days, November 1st and 2nd, 1798, the Iris took
both the North America and the Uncle Toby as prizes. Information is conflicting
and incomplete. For November 1st, the Iris logbook states, “At 6
A.M. Saw two Ships to Leeward Standing to the Westward;[13]
At 11 A. M. Brought them too one of them prooved to bee the the North American
British Built from St. Domingo Loaded with Mehogony and Brisetelo Bound to a
Mexico”. This occurred off the coast of
Jacmel,[14]
Haiti, and more specifically off of Altavella Rock.[15] The
logbook says nothing more, other than that the North America was headed to
Mexico. Captain Cannon claimed that the North America ship and cargo were
Spanish property. The North America was flying American colors and had no
mounted guns. At the time of the capture at least one of the crew claimed they
were in sight of the armed brig Mary and the Uncle Toby. The crew claimed to be
American and headed to Philadelphia. The North America was 219 tons burthen and
carrying mahogany, ebony, braziletto wood and braziletto gum.
Iris and Uncle Toby
On November 2nd,
the Iris logbook states, “At Meridian Borded the Ship uncle Toby of Newyork from St. Ube’s[16]
Bound to Philidelphia Loaded with S[alt.][17] [O]ffered Mee 50 Joes to Convoy him In to
Kingston[. T]he People all agreed to Give one Eighth only. [O]ne Man the[n]
told Mee that the[y] were taking By the french and that the[y] Put them [the
French] to Death; the[n] Both Ships Said the[y] were Bound to Kingston for
Provisions; P[laced…] an offecer and one
Man on Bo[a]rd Eatch Ship[.] Expended 170 yams and remains 80 Bains and remains”
This entry initially gave me the impression that both the North America and
Uncle Toby were in dire straits and that the Iris agreed to help them for the
price of 50 slaves. However, in a
statement signed by Captain Cannon and the crew of the Iris on November 9,
1798, they claimed that “two certain ships or vessels called the Uncle Toby and
North America and the goods[,] wares[,] merchandize and effects on board them
[were] taken and seized as good and lawful prizes on the high seas by the said
ship Iris”. John Hill of the Uncle Toby
confirms it was November 2nd, and that two seamen were put on board
the Uncle Toby from the Iris along with a copy of the Letter of Marque or
Commission. Henry Martin of the Uncle Toby said that they were “brought too” by
an English Letter of Marque, who took the North America as a prize and put two
hands on board the Uncle Toby. Lloyd’s
List, dated March 12, 1799, indicates that the Uncle Toby was “retaken”
and arrived in Jamaica. This appears to refer to the capture of the Uncle Toby
by the Iris.
[1] Prize
Game, pp. 156-158
[2]
This date was given by John Hill. Henry Martin estimated 17 days after the
Uncle Toby was captured, which would have made it October 8th. John
Hill gave the coordinates as latitude 18 degrees north and longitude 14
degrees, 29 minutes west and these coordinates are incorrect as it puts it
inside Africa.
[3]
John Hill’s and Henry Martin’s accounts differ in some important points.
Martin’s account is given above, with some non-conflicting details from Hill.
Some of Hill’s conflicting details are: (a) Instead of refusing to assist, Hill
participated and used a cutlass (this is part of the reason I find Martin’s
account more credible – Hill had a reason to embellish the facts so that he
didn’t look bad); (b) four of them had bolts, but Martin says three did and one
had an axe; (c) The prize master was asleep on deck and the French seamen
scattered in several places and the prize master and four other seamen were
killed (Martin says five were killed, but has the prize master leading the
surviving crew off the Uncle Toby); and (d) Hill says he was the most
experienced seaman on board and took possession of the ship, which seems like
an embellishment to make Hill sound like more of a participant.
[4]
The pinnace was a light boat propelled by sails or oars.
[5]
Lloyd’s List, December 28, 1798 says it was the Iris. However, I believe it may
have been the ship Martha instead, as the Martha, the sister ship of the Iris,
also owned by Ralph Fisher, had instructions to go to St. Vincent, while the
Iris did not. See Ralph Fisher to David Miller of St. Vincent, to Captain
Thomas Taylor care of David Miller in St. Vincent, and to Captain John Spencer,
care of Lindo Lake & Co. of Jamaica, all dated June 10, 1798.
[6]
Barbuda is an island in the Caribbean located north of Antigua and east of St.
Kitts. (Wikipedia: Barbuda).
[7]
The logbook references “St. Christophers.” St. Christopher is now known as St.
Kitts and is an island located in the Leeward Islands of the Lesser Antilles.
(Wikipedia: Saint Kitts and Nevis and
Leeward Islands).
[8]
The logbook references “Steustatie”. This is likely a reference to St.
Eustatius as the next day log references “St. Eustatia” which is also known as
Statia and St. Kitts is 6 miles south of St. Eustatius and 2 miles north of
Nevis. (Wikipedia: Saint Kitts)
[9]
Henry Martin says it was 10 days after the recapture that they met the North
America, which would make it about October 19th. But the North
America did not leave Santo Domingo until October 28th. John Hill
says they met the North America at the east end of Saint Domino (another
reference to Santo Domingo), so it was likely within a few days after the North
America left.
[10] Prize
Game, pp. 6, 8 & 9, 130-131, n. 54 on p. 195
[11] Prize
Game, pp. 123, 158-161
[12] Prize
Game, p. 163
[13]
One of the ships was the North America and the other was either the Uncle Toby
or the Mary. It appears that only the North America was actually pulled over
and boarded that day. The Captain of the Mary, which was armed, later made a
claim for part of the prize proceeds based on the capture taking place within
its sight. One North America crewman, Theady MacCarthy, stated that they were
in sight of both the Mary and the Uncle Toby, an armed American ship, at the
time of the capture.
[14]
Jacmel, Haiti, is a city in southern Haiti founded in 1698. Its coordinates are
18.14.7 N. and 72.32.12 W. (Wikipedia “Jacmel”)
[15]
Altavella Rock is latitude 17.30.0 and longitude 71.20.0. Fort St. Louis is
right next to it in the table at latitude 18.14.30 and longitude 73.31.30. Also
listed are St. Doming, or “Hayti” at latitude 18.30.0 and longitude 69.49.0,
Port Royal, Jamaica at latitude 17.58.0 N and longitude 76.52.30 W and
Kingston, Jamaica at latitude 18.0.30 and longitude 76.45.0 (Google Books has The Complete Mathematical
and General Navigation Tables, including Every Table Necessary to be Used with
the Nautical Almanac in finding the Latitude and Longitude: with their
Description and Use, Comprising the Principles of their Construction, and their
Direct Application to Plane and Spherical Trigonometry, Navigation, Nautical
Astronomy, Dialling, Practical Gunnery, Mensuration, Guaging, &c.&c.,
by Thomas Kerigan, R.N. (in two volumes) (Baldwin and Cradock – London)
[16] St. Ubes (St. Yves in French) is now known as Setubal,
Portugal, a seaport south of Lisbon. It is built on the north shore of a deep
estuary formed by the rivers Sado, Marateca and Sao Martinho, which discharge
their waters into the Bay of Setubal. [1911 Encyclopedia Britannica] “St. Ubes…contains
five churches and nine religious houses; a large number in proportion to not
much above 2000 houses…[T]he best trade of St. Ubes is in salt, which is taken
principally by Danish and Swedish ships. The salt-pans lie in great numbers
along the Sado and its branches, being called in portugueze marinhas. They are
dug square, about three feet deep, and salt-water is introduced on one side
from the sea, at flood, through canals which extend in innumerable branches,
and are shut when the pans are full. The water is often previously collected in
large reservoirs, called governos, from which it is afterwards distributed into
the marinhas, where, being evaporated, the salt is collected in the month of
June, and kept either in wooden sheds or in heaps, which are protected against
the rain by rushes. Of this salt a considerable quantity seemed to be in store.
It is large-grained, becomes but little moist in the air, and excels in purity
the marine salt collected in other provinces of the south of Europe, or in
other parts of Portugal.” [Henry Frederick Link, Travels in Portugal, and
Through France and Spain. With a Dissertation on the Literature of Portugal,
and the Spanish and Portugueze Languages, translated from the German by
John Hinckley, Esq. (T. N. Longman and
O. Rees: London, 1801), pp. 258-259, copy in Google Books].
[17] James
Laing and Daniel Steele estimated the value of the ship and cargo of salt, both
in pretty good condition when they arrived in Jamaica, to be worth about $8,000
if sold at a public sale.
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