Uncle Toby
Henry Martin,
one of the crewmen on the Uncle Toby, employed Ezekial Kirkpatrick as agent
for the ship and also employed counsel to put in a claim for the ship on
account of the owners. He also caused notice of the events to be given to the
owners of the Uncle Toby: John P. Mumford, John B. Murray, John H. Thompson and
Charles Moulton, all merchants in New York. Henry Martin, John Royce and Peter
Bowen stayed with the Uncle Toby, but John Makins and Daniel Haywood quit her.
North America
On
or about November 10, 1798, the ship North America was sailed from Port Royal,
at the end of the harbor, to Kingston.[1]
Iris and North America
On
November 12th, Richard Lake, Jr., one of the agents for George
Cannon and crew, deposited 8 documents at the Vice Admiralty Court and prepared
a sworn statement to Commissioner John Fraser that he received them from Theady
McCarthy (the supercargo of the North America) and that they had not been
altered, etc.
On
November 15, 1798, George Crawford Ricketts, Advocate General of Jamaica, on
behalf of the King, filed a claim against the North America in the Court of
Vice Admiralty. He requested that the ship and goods on board be taken from
persons subject to the King of Spain as a lawful prize within the jurisdiction
of George Cannon pursuant to His Majesty’s royal proclamations of February 11,
1793 and November 1796. The ship and goods to be taken and seized as property
of persons of the King of Spain (St. Domingo – where the ship originated from)
within the Territories of France (Haiti – where the ship was captured). We do
not have a record of it, but a similar claim was also probably filed against
the Uncle Toby on the same date.
On
November 15, 1798, Mathew Fisher, also referred to as Mathias Fisher (23), and
William Charlton (26), died.
A Power of
Procuration was filed on November 15, 1798. It provided that Richard Lake,
Abraham Alexandre Lindo and Richard Lake Junior, merchants, agents of George
Cannon, his owners, officers and seamen (the “principals”) had appointed
Ballard Beckford Nembhard to be the procurator and proctor of the principals, to
take actions as he deemed proper, including appearing in the Court of Vice
Admiralty and filing libels and other process as necessary for the condemnation
of the North America, and the personal property on board her. It was signed by
R Lake, AA Lindo, Richd Lake Junior and J Fraser Commissioner in the presence
of Dy Denniss
On
November 19, 1798, John Smith, a seaman on the North America, made a sworn
statement to Commissioner Fraser about his understanding of the nature of the
voyage, the capture, the cargo and where and how it was obtained. Further, Theady
McCarthy and William Burke, supercargo and captain, respectively, of the North
America, both about to leave Jamaica, filed a Power of Agency appointing
Ezekial Kirkpatrick as their agent, noting that a libel had been filed in the
Court of Vice Admiralty by his Majesty’s Advocate General on behalf of George
Cannan, commander of the Iris against the North America and her cargo.
Iris, North America and Uncle
Toby
On or about
November 19, 1798 (after the Uncle Toby had been detained 14 days), Captain
Cannon or his agents withdrew or “abandoned” the claim against the Uncle Toby. As
soon as the claim was withdrawn, Ezekial Kirkpatrick, on behalf of the North
America, McCarthy and Burke, filed a libel against the Uncle Toby for the
supplies they had provided to the Uncle Toby at sea, and for “salvage” for
assisting the Uncle Toby into port, having provided a navigator for the Uncle
Toby as “Henry Martin and the others on board [the Uncle Toby were] not…able to
navigate” the ship. This was a “great surprise” to Henry Martin, as Ezekial
Kirkpatrick was his agent and this claim was adverse to the Uncle Toby. So
Martin hired new agents, Messers Daniel Steel and Thompson, merchants, and put
in another claim to the court for the Uncle Toby on behalf of its owners. They
also filed an application with the court for reimbursement by the Iris for the
costs and expenses the owners incurred because of the libel against the Uncle
Toby and her cargo. Independently, the owners of the Uncle Toby, who were John
P. Mumford, John B. Murray, John H. Thompson and Charles Moulton, all of New
York, hired John Jaques, James Laing and Humphry Ewing, merchants.
Iris
On November 20,
1798, Edward Murry (29) was impressed. However, he did not sign the Agency
Agreement on November 9th, so he was either impressed before that
date, or was not on the ship at the time the agreement was signed.
On November 23, 1798, Ritchard
Stasbrick, also referred to as Rich Scaristrick (3), who started the voyage as
2nd Mate, but became 1st Mate after the death of Captain
John Spencer, died. Anthony Creeds (20) also died.
A
letter dated November 26, 1798, from Ralph Fisher of Liverpool, owner of the
Iris and the Martha, to Edmund Hill in London: “Amongst the rest of the G[un]
powder purchasers, Messr Fisher and Brocklebank have applied to me
respecting what passed on purchasing the Martha's G’powder, I can with honor
afront that…I never gave a written [order] at any time [for] that ships
powder… between the latter end of Feby and the first week in March[;
T]hat I then engaged it, and told them it must be secured for me[;] I at that
time was preparing her whole cargo and meant her to sail with all expedition[;
S]ome time in that month I determined to stop her sailing to wait for the Iris,
the latter ship was at the high price of £7. I have every reason to think that
had I given the Martha's Order with my own ship the Iris, after your
order came for the Rice, I could have got them both furnished at £5-10 which is
a great loss to me in the latter ship, but that was out of the question,
as I had engaged the Martha's as above”.
On
November 28, 1798, James Tomay (39) ran.
On
December 1, 1798, Samuel Landor, also referred to as Samuel Sander (8), the
fifth ranked member of the crew, and John Pickering (11), were impressed. Pickering
did not sign the Agency Agreement on November 9, 1798, so he may not have been
on the ship when the Agreement was signed.
North America
On December 6,
1798, an affidavit was sworn in front of John Fraser and signed by James Law,
second mate on the North America, and deposited with the Court of Vice
Admiralty.
Iris
On December 6,
1798, Owen Costons, also referred to as Owen Collins (30), died.
On December 8,
1798, Jonathan Howard (38) died.
On December 17,
1798, Richard Warbrick, also referred to as Ritchard Warbrick (7), the Clerk, ran.
He was the fourth ranked crewman at the time.
Iris, North America and Uncle
Toby
About January
19, 1799, the Vice Court of Admiralty in Jamaica discharged the Uncle Toby from
the libel filed against it by the North America and the owners of the North
America were ordered to pay costs and damages to the owners of the Uncle Toby. Sometime
earlier, Ralph Fisher, the owner of the Iris, was also ordered to pay costs and
damages to the owners of the Uncle Toby. The court found that the Iris detained
the Uncle Toby for 14 days and the North America detained the Uncle Toby for 52
days. Ezekial Kirkpatrick paid $1,128 in costs over to Jaques, Laing, and
Ewing, which was £372, 12 schillings and six pence in Jamaica currency. I
believe that Kirkpatrick, originally hired by Henry Martin of the Uncle Toby,
received these funds on behalf of Ralph Fisher, owner of the Iris, much
earlier. Steele, on behalf of the Uncle Toby, hired by Henry Martin on behalf
of the Uncle Toby later, indicated that the amount ordered repaid was only a
small part of the actual costs and expenses and considered appealing the order
of the court, but determined that Kirkpatrick would not be able to pay any more
than that. Lainge indicated that “the owners,” presumably the owners of the
North America, had to pay £2,267, one schilling and two pence halfpenny in
Jamaica currency which was equal to 6,801 Spanish milled dollars in costs and
expenses. The Uncle Toby’s cargo of salt which was landed, stored and then
reshipped was damaged considerably and much was wasted in the process.
Iris and North America
On
January 24, 1799, the case of the Iris and North America was heard before the
Honourable George Cuthbert, sole Judge and Commissary of the Court of Vice
Admiralty of Jamaica. The Advocate General opened the Libel filed in the Cause
and John Fraser opened the claims of Theady McCarthy, on behalf of Edward
Stevens, as owner of the cargo, and on behalf of James Blake, as owner of the
ship. Then examinations were read of William Burke, Theady McCarthy and Joseph
Smith, then the affidavits of George Cannon and Richard Lake, Jr. and the
various papers that they deposited with the court, then the affidavit of James
Law. The Advocate General spoke, then John Fraser and Edmund Pusey Lyon spoke on
behalf of the claimant and Philip Redwood spoke on behalf of the relators, in
reply. Judge Cuthbert then dismissed the proceeding to give himself time to
make a decision.
Two days later,
on January 26, 1799, Judge Cuthbert determined that the North America and her
cargo were a “good and lawful Prize” and she was “condemned and confiscated to
our Sovereign Lord the King”. However, Judge Cuthbert reserved a determination
on the distribution of the proceeds, pending a claim to be filed on behalf of
the owners, commander and crew of the armed British ship Mary to a distributive
share of the ship and cargo. Arguments on appeal reveal that the reasons Judge
Cuthbert ruled in favor of the Iris were that both James Blake and Edward
Stevens were resident in St. Domingo, a Spanish possession, at the time of the
shipment and at the time of the capture. There was no proof that they were neutral
or that they had since withdrawn from St. Domingo so as to be considered as
neutral. These circumstances created a presumption that the ship and cargo
belonged to an enemy and there was not sufficient evidence to overcome the
presumption.
Iris
A
letter dated February 2, 1799, from Ralph Fisher to Francis Philips in
Manchester, arranging insurance for the return of the Iris to Liverpool: “I
want 5 at £6,000 done on the Iris from Jamaica to L[iver]pool to sail
immediately after the 12th Jany with or without convoy[;]
pray can you recommend a good Insurance Broker to me, and please inform me what
part of that sum can be done at Manchester. . . I have got insured here between
£10,000 and £11,000 on the following terms, at 15 Gs pCt to return £7 for
convoy and 3 pCt for sailing with an armed ship or ships, I want £500 done on
ship valuing her at £5,000 and £5,000 on goods as interest appears. Your speedy answer will oblige me”.
A
letter dated February 7, 1799, from Ralph Fisher to Wm. Dinwiddie in
Manchester: “Am this moment favored with yours [letter] of the 5th;
I inform’d my friend W. Philips what I had given on £10,000 p the Iris here
which is 15 Gs to return £7 for Convoy or £3 with an arm’d ship but no warranty
whatever on their keeping company to any point on those terms if you can get me
£2,000 at £4,000 by good men around you, pray do, if not let me know as soon as
possible.”
On or about February
9, 1799, the ship North America was moved from the east end to the Lindo wharf,
the private wharf owned by Lindo, Lake & Co. Charges (disbursements) against
the North America included charges for “negro hire removing the ship from the
upper part of the harbor to the places of sale”.[2]
On February 12,
1799 the Iris left Jamaica after a layover of more than three months.[3]
Uncle Toby
Following the
discharge of the libel by the North America against the Uncle Toby, the Uncle
Toby and her cargo were turned over to Lainge, Jaques and Ewing. Steele and
Thompson hired a Captain Smith to command the Uncle Toby and Henry Martin
employed people to work on the Uncle Toby to refit her for sea. Then a Captain
Goodrich, who was sent by the owners from America to take charge, arrived with
a letter assuring Henry Martin, John Royce and Peter Bowen that they would be
handsomely rewarded for retaking the Uncle Toby. Smith ceased to act as Captain
when Goodrich arrived and was paid for 24 days of work. Goodrich engaged Henry
Martin as mate. The Uncle Toby left
Jamaica for Havana, likely in February 1799,[4] and
discharged the cargo of salt, then took a cargo of sugar to the port of New
York where it arrived June 8, 1799.
Iris
A letter dated
February 13, 1799, from Ralph Fisher to Wm. Dinwiddie in Manchester: “The
policy on the Iris I recd I don’t doubt from my information but you
have procured me men of the first solidity and liberal in case of loss, which,
hope won’t happen, have been thank God thus far fortunate during the war… You
say you can get me choice men for £1,000 more if so, pray do, say £400 more on
goods and £500 on ship valuing the ship at £5,000”.
On
March 2, 1799, the logbook of the Iris begins again after being silent for four
months. The Iris is leaving the North Key of Crooked Island in the Bahamas[5] for
Liverpool. It appears that a group of at least seven ships have agreed to sail
together for safety and likely elected one of the captains among them to act as
“Commodore.”[6] It was
cheaper to insure a voyage if a ship was traveling with a convoy, particularly
if other ships in the convoy were armed.[7]
This would make it much more difficult to have the ships captured by French or
Spanish privateers as prizes. At 4:00 p.m., the Iris “Hove too the fleet.
Getting up with the Commadore at 5[:00 p.m.].” At 8:00 p.m. the log noted the
“End of Long island”[8] 3
miles to the east-north-east. At 2:00 a.m. the “North Keay of Crooke[d] Island”
was 5 miles to the east.
[1]
Disbursements of the North America show that George Cannon ordered £2 paid to
W. Kewings on November 10th for piloting the ship to Kingston.
[2]
Disbursements for the North America show payments for moving the ship.
[3]
Cambridge Slave CD.
[4]
The Uncle Toby was detained 14 days by the Iris (to at least Nov. 19), 52 days
by the North America (to at least January 10), and then Captain Smith was paid
for 24 days of work (to at least February 3rd). It appears that the
court determination was even later than January 10, so the Uncle Toby likely
left Jamaica even later in February than the 3rd.
[5]
Crooked Island is southeast of Nassau in a group of islands in a shallow lagoon
called the Bight of Acklins, with Crooked Island in the north and Acklins in
the south east. In about 1783, American loyalists began to settle there and
brought slaves to start a short-lived cotton industry. By the beginning of the
19th century, there were more than 40 plantations and 1,200 slaves.
Columbus visited the island and called it “Isabella” after his queen.
(Wikipedia: Crooked Island, Bahamas; www.geographia.com/bahamas/bsacin01.htm).
Captain Hugh Crow notes visiting St. Vincent’s and Crooked Island “for orders”
on his way to Kingston, Jamaica to deliver slaves. He also notes leaving
Kingston, Jamaica with a fleet of 12 ships. “We got through Crooked Island
passage on the sixth day after we sailed…” Crow Memoirs, pp. 81 and 132.
[6]
Captain Hugh Crow, a contemporary of Captain Cannon from the Isle of Man, in
the summer of 1799, noted an engagement with a French schooner, involving
cannon fire, off the coast of Bonny, and “intelligence that three French
frigates had been seen on the coast…” He later had an engagement with the
schooner and “three large ships” that “began to blaze away with their long
guns, and we at them, and we thus maintained the action for about two hours,
until slack water, when we cut the cable and got back to Bonny, fortunately
without having any material damage. The captains of the [nine] vessels then in
the harbour, having heard my report, called a meeting, at which it was agreed,
for mutual safety, to sail in company, and we appointed Captain Latham of the
Lottery to act as commodore.” (Crow Memoirs, pp. 68-69). The fleet Captain
Cannon is traveling with is probably similar, with a commodore appointed among
the ship captains and traveling together for safety. In fact, the ship Lottery,
whose captain was the commodore in Captain Crow’s fleet (the Slave Trade CD
refers to him as Captain Roger Leathom), was also in the same fleet with
Captain Cannon, under a different captain, Captain John Whittle (Captain Crow
was with the Lottery on its next voyage). A group of seven ships arrived in
Liverpool in April 1799, all having traveled from Jamaica. (See Lloyd’s List,
dated April 16, 1799 and journal entries for March 31, 1799 and April 12,
1799).
 |
| Lloyd's List for April 16, 1799. |
[7] Ralph Fisher’s letter dated February 2, 1799, for
this voyage, was arranging insurance for the return of the Iris to Liverpool.
He wanted a quote “with or without convoy”. He already had a quote from someone
else “for convoy” and “for sailing with an armed ship or ships.” In another
letter dated February 7, 1799, Fisher noted he had a quote for a return with “Convoy”
and “with an arm’d ship but no warranty whatever on their keeping company to
any point on those terms…”
[8] Long
Island in the Bahamas is 60 miles long and no more than four miles wide at its
widest point. It is northwest of Crooked Island.
(www.geographia.com/bahamas/bsliin01.htm)
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