North America
On
July 12, 1800, Farquhar brought in his Libel as to the cargo. Also on July 12,
1800, James Bush, notary public and one of the Procurators General of the High
Court of Admiralty of England exhibited his proxy for Samuel Williams, the
agent appointed by the United States, the claimant of the whole cargo on board
the ship North America, the sole property of Edward Stevens of Philadelphia, and
made himself a party for him, with a design to appeal from and complain of the
errors in proceeding in the cause prosecuted before George Cuthbert, solo judge
and commissary of the vice admiralty court of Jamaica which found on behalf of
George Cannon against the ship North America and the cargo laden therein. A
final interlocutory decree condemned the cargo laden on board the ship despite
the proof that showed Edward Stevens was the lawful owner. James Bush the proctor, believing Samuel
Williams the claimant and Edward Smith the owner to be injured have appealed.
On
July 26, 1800, upon the petition of Stevens, because Farquhar had not given any
Libel of Appeal as to the ship North America, the Lords “decreed the Inhibition
to be relaxed as to the Ship.” The Libel as to the cargo was later admitted,
the usual proceedings were held and the Cause is assigned for information and
sentence. This appears to drop the
appeal as to the ship, likely due to failure of the pleadings to address that
issue.
Iris
On
July 28, 1800, per the logbook, the Iris arrived in Kingstown, St. Vincent.
This is also confirmed by: (a) Lloyd’s List which stated it arrived in St.
Vincent’s from Africa and then left for Jamaica, and (b) correspondence of
Ralph Fisher which anticipated a stop in St. Vincents.
North America
The
appealed case, titled, The North America, William Burke, Master, Samuel
Williams, Claimant of the whole Cargo on Behalf of Edward Stevens, Appellant,
Against George Cannan, Commander of the Private Ship of War, Iris, the Captor,
Respondent, went before J. Nicholl and
W. Manley, the Lords Commissioners of Appeals in Prize Causes, in London. The
typeset and printed case appears to be a reproduction of evidence obtained from
the Court of Vice Admiralty in Jamaica and setting forth process up to this
point, sometime after July 26, 1800.
Iris
On
August 9, 1800, the Iris arrived in Jamaica with 408 slaves.[1]
On September 3,
1800, Ralph Fisher wrote to Lindo, Lake and Co. in Kingston, as follows: “I
hope ere this you have made us good…sales of the Iris’s cargo and given us a
full ship home have inclosed you a document to receive from your court of
admiralty the value of the ship North America they have relinquished their
appeal for the ship, but yet, persists on the cargo, will thank you to
remit me a short dated bill for the amot my expences already is nearly the
amount I hope ere long they will give up the cargo, your early remittance will
oblige” [emphasis added] Another letter, the same date, from Ralph Fisher to
Hardy Pinock and Britan in Kingston: “I thank you for your good intentions to
dispose of the Iris into good hands.
Please seal and deliver to Lindo Lake and Co the inclosed document and
advise me of the delivery. I hope ere
this W. Asprinall has left Jamaica”
Uncle Toby
The depositions
of James Laing and Daniel Steel took place on September 27, 1800 by Waterhouse
and Savage (part of the Uncle Toby case in New York District Court). In the deposition of James Laing, he estimated
that the Uncle Toby and cargo were worth $8,000 on arrival in Kingston. He
estimated the waste and loss on the salt to be $1,000. Commission on sales
would have been $400, commission on sales remittance $380, insurance on the
cargo at 5% would be $361, for total expenses of $2,131, providing a net of
$5,859. The expenses paid by the owners in Jamaica were $6,801, but they
recovered $1,128 from Kirkpatrick. In the deposition of Daniel Steele, he said
he incurred charges of £636 and four pence Jamaica currency which was paid to
him by Jaques, Laing and Ewing. [He must have acted until they got the power of
attorney from the owners].
Iris
On or about
October 10, 1800, it appears the Iris sailed from Jamaica for Liverpool with
the fleet and a cargo of 80 hhd of sugar.[2] The
Iris was leaking and had to return to Jamaica, landing at the wharf of Lindo
and Lake. While at the wharf, some of the sugar was stolen and the casks were
in such bad condition that the captain of the ship Brook, which was going to
take the sugar to Liverpool, would not take it unless it was repackaged in new
casks. The repackaged sugar only filled 66 hhd.[3] It
appears Captain Cannon and the crew got passage on a different ship back to
Liverpool.
A letter dated
November 12, 1800, from Ralph Fisher to Dimsdale and Clays in London: “We want
£3500 done on the Iris from Jamaica who I believe sails with the fleet on the
10th Octr on goods as interest appears valuing sugar at £40 p __ I have got
part done here at 12 to return 3 if sails with an armed ship and six with convoy
and hope you can get it done by good men on the same terms, if not please say
by return of post”
On November 24,
1800, Captain George Cannon arrived back in Liverpool.
Uncle Toby
December 4, 1800
a Motion and Order for the examination of Thomas Cottrell and Samuel Handy by
the clerk of the New York District Court in the Uncle Toby case. The
depositions of Thomas Cottrell and Samuel Handy were filed the same date, as
taken by Edward Dunscomb, clerk.
January 12, 1801
– Order to Pay Libellants (New York District Court). The owners of the Uncle
Toby were ordered to pay the libellants $2,326.12 and five mills as salvage to
the libellants. This was 25% of the $9,304.50 value of the ship and cargo after
deductions were made for monies paid by the owners in Jamaica. In default, the
Uncle Toby is to be condemned and the bond executed for the appraised value of
the ship. The salvage was to be divided into five equal parts: two equal fifths
to Henry Martin ($930.45) for his greater exertions in saving the ship and cargo
and the others three full equal fifths, or $697.84 to each of John Royce and
Peter Bowen. Each side had to pay their own costs.
February 3, 1801
– Notice of Appeal (New York District Court). The owners appealed the judgment.
June 1801 – An
appeal was filed by the owners of the Uncle Toby in the Circuit Court of the
U.S. for the New York District in the Easter Circuit.
June 5, 1801 –
Deposition of Abraham Evering of New York. A merchant consignor. One-half of
the ship Uncle Toby and one-half of the cargo consisting of salt were sold by
John P. Mumford and John B. Murray on January 22, 1799 which was after the news
arrived in New York that the ship and cargo had been recaptured by the crew.
The one-half was sold to John H. Thompson and Charles Moulton for $3,750
subject to the payment of “a moiety of salt, the charges and expenses that had
or might arrive in consequence of her capture and recapture and for port
charges.”
Iris
A letter dated
June 22, 1801, from Ralph Fisher to Dimsdale and Clays: “At foot you have a
statement of insurance done on sugars in the Iris, reshipped in the Brook
arrived here last convoy, we will thank you to procure the returns of short
interest and for sailing with convoy and furnish each owner with a credit note
for their proportions as before divided… Insured by Messrs Dimsdale and Clays £3500.0.0
Do by State and Lee £500.0.0
£4,000.0.0
Interest on board say 66 Hhd sugar a
£40 p- 2640.0.0
Short
Interst 1360.0.0”
A letter dated
July 2, 1801, from Ralph Fisher to Dimsdale and Clays in London: “In reply to
your esteemed favor of 29th __ we had on board the Iris 80 hhd sugar which on
being landed from that vessel the Casks men in a bad state and the captain of
the Brook refused to take them in unless the sugars were repacked in new casks
which was accordingly done, and filled only sixty six”.
A letter dated
July 23, 1801, from Ralph Fisher to Dimsdale and Clays: “We have been in daily
expectation of hearing from you respecting the short interest p Iris. The
owners of the above vessel being desirous of clearing the inset, will thank you
to advise us as soon as possible what you have done”
A letter dated
July 28, 1801, from Ralph Fisher to Dimsdale and Clays in London: “We have to
say the ship Iris returned leaky, in consequence of which the sugars say 80 hhd
were landed on Lindo and Lakes wharf and while it lay there 30 wt sugar at
least was stolen, the hhd were from being landed again in such bad condition
that no ship would take them on board unless they were shipt into new hhd[;]
the consequence was there is a charge as under for new casks and cooperage[;]
there is also great charges for negroe hire, Wharfage and which we paid in
Jamaica we certainly are entitled either to a great return on the under written must pay us the loss we have sustained a
statement of which is as under…1800
Dec. paid W Hart
and Co for Casks and Cooperage 72.12.6
Negroe Labor and Boatage 24.10._
Wharfage Landing and Shipping 56.10._
Loss of sugar by panding it
for the safety of the whole by the
wharf 105._._
scales in Jamaica say 30 wt at 70/
Cury at 40 pC- £255.12.6 in
sterling £182.11.9
N.B. The return
for sailing with convoy and the short interest will be about the same sum as
the loss and charges we have paid on the sugar in Jamaica”
On December 5,
1801, Ralph Fisher wrote Mary Oken in London as follows: “We wrote your friend
on the 3d June with the £14.14/ for insurance and at same time your power of
atty should have been inclosed but by the omition of our clerk, find he did not
and it however you have it here inclosed and with regard to the prize money
the same has been divided among the ship crew, it would have made no
difference to us if your husband had been allowed two shares more, but captn
Cannon made no such agreement and the division has been made same as those
vessels that were in company at the time of capture.” (emphasis added)
North America
On May 11, 1802, the Lords
Commissioners of Appeals ordered further proof of the national character of Edward
Stevens the owner of the cargo.
On May 27, 1802,
John Fry wrote a letter to the President and Directors of the North American
Insurance Company pointing out the proofs it would be requisite for them to
procure and desiring that such proofs might be forwarded.
On February 18,
1803, John Fry of South Street, Finsbury Square of London, merchant, appeared
before W. Jerritt. He stated he was employed as an agent by the North American
Insurance Company at Philadelphia to manage and conduct this cause of appeal on
behalf of appellant. Because of the Decree made by the Lords Commissioners of
Appeals on May 11, 1802 ordering further proof of the national character of
Edward Stevens the owner of the cargo. John Fry wrote a letter to the President
and Directors of the North American Insurance Company pointing out the proofs
it would be requisite for them to procure and desiring that such proofs might
be forwarded. Fry received a response saying that the proofs could not be
procured because of the absence of Edward Stevens from America. He had gone to
the Island of Saint Croix on special affairs. So John Fry wrote to Edward
Stevens in Saint Croix requesting that he provide the necessary further proofs
and forward them to Fry without loss of time.
On February 23,
1803, James Yard of Philadelphia, a citizen of the U.S., appeared in London. He
is intimately acquainted with Edward Stevens of Philadelphia. The North America
and cargo were going from Santo Domingo to Philadelphia when captured. Yard, in his conscience, believes
that Stevens was at the time of shipping and capture the true and lawful sole
owner and had it made it to Philadelphia, he would have accounted to Edward
Stevens, and to him only, for the net proceeds. Edward Stevens continued at
Santo Domingo until he had accomplished the object of his voyage and the ship
New Jersey and its cargo condemned. He bought it back for the account of the
American proprietors, and as soon thereafter as possible set sail in and with
the ship New Jersey from Porto Rico to Philadelphia and arrived there in or
about the month of December 1798. During his absence from Philadelphia,
Edward’s wife and family resided and kept house in Philadelphia. From 1793 to
the time of his setting sail for Porto Rico, Edward resided in Philadelphia
with his wife and family, save for one other excursion to the West India
Islands. Edward Stevens is now with his wife in the Danish Island of Saint
Croix where he went to settle the affairs of a deceased relation of his wife
and he will return again to Philadelphia. He knows of no other mercantile
speculation which Edward Steven’s entered into for which he was absent from
home. Because of his connections and intercourse he thinks that had Edward
Stevens engaged in any other speculation he would have known of it. Before W.
Jerritt, Surrogate.
On March 17,
1804, the Lords Commissioners of Appeals in Prize Causes “pronounced the cargo
of the [North America] to have belonged as claimed and decreed the same to be
restored, or the value thereof, paid to the Claimant for the use of the owners
& proprietors thereof”.
On
April 13, 1804, the Court of Appeals for Prizes requested that the proctor for
the Claimant and Appellant obtain a value of the cargo.
On
May 11, 1804, assisted by the merchants Benjamin Winthrop and Alexander
Champion of London, the court was requested to order the sum set forth in an
attached schedule. I am not sure, but believe that a statement dated April 13,
1804 by James Mackenzie and G.A. Glennie, agents for the claimants, may be the
stated attachment. It came up with a value of the cargo of £6,041+ (£5,776+ for
the mohagony, £34+ for the ebony, £124+ for the braziletto wood and £105 for
the braziletto gum).
North America and Iris
On May 22, 1804,
Ralph Fisher of Liverpool, one of the executors of the will of his late father,
Ralph Fisher, deceased, makes an oath that the account he transmitted to the
Registrar and Merchants based on an
order of the High Court of Appeals for Prizes is the only account he ever
received concerning the sale. His father never received an account in his
lifetime. The House of Lindo and Lake or Lindo Lake and Company was not a House
acting as general agents for his father, the owner of the Iris, which captured
the North America, except to the extent of selling the slaves of the Iris, and
occasionally sold other cargoes of slaves for other ships he owned. The House
he normally used was the House of Aspinall. He believes that the money for the
cargo was either in the hands of the Office of the Vice Admiralty Court of the
Island of Jamaica, or under the control and direction of that court, but his
father never received any of the money or an account of it, except as provided.
He requests that the court not make him responsible, as executor, for something
his father never received. The account, an estimate of the value of the cargo
based on an accounting of the actual sales was prepared by the Registrar and
merchants as follows: Sales of the mahogany, braziletto wood, etc. was £4,388+
in Jamaican currency, then charges of £2+ for the cryer advertising sale, £105+
for wharfage and landing, £21+ to John Manby for measuring and another £6+ for
measuring a portion of mahogany totaled £130+, for a net total of £4,257+
Jamaican currency. The exchange rate of British £ for Jamaican currency was
140%, so the net value in British £ was £3,041+.
We don’t have a copy of the actual court decision
reversing the lower court on appeal. We don’t know what the value of the North
America cargo was determined to be, or whether the sale proceeds were found in
Jamaica, or whether Ralph Fisher’s Estate was liable for it.
As indicated earlier, it would be nice to determine
whether the place in London where the appeal papers were found would also be
the same place that stores non-appealed prize causes. If not, it would be nice
to try and find the records for potentially another three prizes.
[1]
18,435 slaves were delivered by 55 ships to Kingston in 1800: 7,580 from
Malembo, 6,748 from Bonny, 5,576 from Angola, 2,004 from Congo, 1,412 from
Calabar and 1,280 from New Calabar.
[2] See
letter from Ralph Fisher to Dimsdale and Clays dated November 12, 1800.
[3] Letters
from Ralph Fisher to Dimsdale and Clays, dated June 22, 1801, July 2, 1801 and
July 28, 1801.
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