close
Browsing: Legal Papers of John Adams, Volume 2
Sheaffe v. The Triton
DocGroupNo: LJA02dg17
1768
Editorial Note
The documents that follow tell all that is known about this forfeiture proceeding in Admiralty. The basis of the suit was apparently the same statutory prohibition against unloading cargo before entry upon which John Hancock's Liberty had been condemned.1 The parties were cited to appear on 7 November, the date on which the in personam actions against Hancock and others involved in the Liberty affair began. Adams was thus certainly in court to make the brief minute of Otis' argument printed here as Document IV, and may also have been of counsel for Solomon Davis, the owner. The Minute Book entry (Document III) does not report the outcome, but presumably the Triton was acquitted, since no notice of sale was published in the Boston newspapers, and the Minute Book does not indicate a distribution of the proceeds of condemnation.
“A Journal of the Times”1
24 October 1768
Docno: LJA02d047
Date: 1768-10-24
This day the brig Tryton, owned by Mr. D——s, a merchant of this town,2 was seized by order of the Board of Customs, on supposition it is said, that she had some time ago been employed in an illicit trade; and that they may oblige the owner to prove where and how she has been employed.—This seizure exhibits another instance of the generosity of the Commissioners, and their friendly disposition towards trade, in as much as it is said, that they have not now any more cause of suspicion than they had four months past; during which time she has remained in port undisturbed till the owner had spent £.100 sterling in repairs, and had taken a freight for Hull, the insurance of which has been some time past wrote for by the several freighters.
3
1. Printed in Dickerson, Boston under Military Rule
9, from the New York Journal, 10 Nov. 1768.
3. The italicized portion was omitted in the Boston Evening-Post publication of the item. Dickerson, Boston under Military Rule
9 note.
Minutes of the Customs Commissioners' Proceedings1
27 October 1768
Docno: LJA02d048
Date: 1768-10-27
Read a Letter of the 25 Instant from the Collector and Comptroller of Boston. Ordered that the Solicitor do attend the Advocate General, and give him Instructions for prosecuting the Brigantine Tryton formerly called The Popet for Breach of the Acts of Trade.
Vice Admiralty Court Minute Book Entry1
29 October 1768
Docno: LJA02d049
Date: 1768-10-29
Cited to appear 7 Novr.
His Honor the Judge gave his Decree as on file.
1. Vice Adm. Min. Bk., 29 Oct. 1768.
2. As to Sheaffe, see No. 45, note
6
37
.
Adams' Minutes of the Argument1
Court of Vice Admiralty, Boston, November 1768
Docno: LJA02d050
Date: 1768-11
Sol. Davis's. Triton.
Otis. 15. C. 2, c7, §. 8.2
1. In JA's hand. Adams Papers, Microfilms, Reel No. 185.
2. 15 Car. 2, c. 7, §8 (1663). The pertinent portion of the section provides:
“(2) and no ship or vessel coming to any such land, island, plantation, colony, territory or place [i.e. royal colonies in Asia, Africa, or America, except Tangier. 15 Car. 2, c. 7, §6], shall lade or unlade any goods or commodities whatsoever, until the master or commander of such ship or vessel shall first have made known to the governor of such land, island, plantation, colony, territory or place, or such other person or officer as shall be by him thereunto authorized and appointed, the arrival of the said ship or vessel, with her name, and the name and surname of her master or commander, and have shewn to him that she is an English-built ship, or made good by producing such certificate, as abovesaid [i.e. that required by 12 Car. 2, c. 18, §10 (1660)], that she is a ship or vessel bona fide belonging to England, Wales, or the town of Berwick, and navigated with an English master, and three fourth parts of the mariners at least Englishmen, and have delivered to such governor or other person or officer a true and perfect inventory or invoice of her lading, together with the place or places in which the said goods were laden or taken into the said ship or vessel; (3) under the pain of loss of the ship or vessel, with all her guns, ammunition, tackle, furniture and apparel, and of all such goods of the growth, production or manufacture of Europe, as were not bona fide laden and taken in England, Wales, or the town of Berwick, to be recovered and divided in manner aforesaid”
(i.e. in “any of his Majesty's courts” in the colony, one third to the Crown, one third to the Governor, and one third to the informer. 15 Car. 2, c. 7, §6).
Dowse v. Nineteen Casks of Molasses
DocGroupNo: LJA02dg18
1768
Editorial Note
September 1768 was a busy month for Joseph Dowse. On the night of 6 September, in which he seized the goods involved in Dowse v. Thirty-three Hogsheads of Molasses, No. 47, nineteen additional casks were allegedly landed in Salem from the schooner Neptune, which had entered on 19 August. Dowse seized them on the 7th. In November the Commissioners of the Customs asked their solicitor to consult with Jonathan Sewall about filing a libel against the Neptune and her contraband in the name of Rowland Savage, “Land waiter, Weigher and Gauger at Salem,” who had apparently seized the vessel.1 No action was taken against the Neptune,
{p. 216}
perhaps because of legal doubts as to Savage's authority to seize. On 6 December, Sewall filed an information in Dowse's behalf against the molasses alone.2
On 14 December no claimant appeared and the molasses was decreed forfeit.3 Adams, who was then spending most of his time in the Admiralty Court as counsel in Sewall v. Hancock, No. 46, apparently contemplated making a claim in behalf of the consignee of the molasses. His notes, printed below, show that he had made a study of the statutes requiring an officer's warrant for goods to be landed, which, the information alleged, had not been obtained. He probably intended to argue that these Acts did not apply in an in rem proceeding against the goods, since they provided only for monetary fines against those involved in the landing or for the forfeiture of any small craft used. The decision not to file a claim may have been based on a desire to avoid exposure to an in personam action for these or the much more serious penalties imposed for entry without payment of duties, which were the basis of the suit against Hancock.4
1. Minutes of the Commissioners, 18 Nov. 1768, 7 Bowdoin-Temple MSS 169, MHi. See Commissioners' letter, 9 Sept. 1768, ordering seizure of molasses. Salem Custom House Record Book, 1763–1772, p. 238, MSaE. According to the notice of monition, note 2 below, the seizure was on 7 September. Dowse was informed of the entry by Thomas Rowe, tidesman. Popular displeasure at this led to a riot on 8 Sept. in which Rowe was injured. See Commissioners to Salem Customs Officers, 13 Sept. 1768, 2 Feb. 1769, Salem Record Book, 1763–1772, p. 237, 264.
2. Joseph Dowse v. 19 Casks of Molasses, Vice Adm. Min. Bk., 6 Dec. 1768. See the notice of monition in Massachusetts Gazette, 8 Dec. 1768, p. 2, col. 2. For the statutes involved, see notes
8–20
4–16
below. Savage had been appointed by the American Commissioners of Customs on 30 March 1768. Salem Record Book, 1763–1772, p. 61. The question of the power of such officers to seize remained open until it was apparently decided in the negative in July 1769. No. 50. There may have been doubt previously, however, in view of the decision in Folger v. The Cornelia, No. 45, against the power of an appointee of the surveyor general.
3. Vice Adm. Min. Bk., 6 Dec. 1768. See Notice of Sale, dated 3 Jan. 1769, for sale on 11 Jan. 1769. Boston News-Letter, Postscript, p. 2, col. 1. Governor Bernard received his third of the proceeds on 9 June 1769. Vice Adm. Min. Bk., 6 Dec. 1768.
Adams' Copy of the Information and Statutes Involved1
Court of Vice Admiralty, Boston, December 1768
Docno: LJA02d052
Date: 1768-11
Josh. Dowse Esq. vs 19 Casks of Molasses. Gardiners.2
For that the same Molasses on 19 Aug. last, was imported and brought into the Port of Salem and Marblehead, from the Island of Guadaloupe, in a certain Schooner called the Neptune, Phillip Saun•
{p. 217}
ders Master, and in the Night Time between the 6. and 7. days of September last, the said 19 Casks of Molasses were fraudulently and clandestinely landed from on board the said Schooner, and put on Shore in Salem aforesaid, with Intent to defraud the said Lord the King of his customary Duties thereon; neither the said Master nor any other Person having first duly entered and paid the legal Duties for the same, and without having first duly entered and paid the legal Duties for the same,3 and without having first obtained a Warrant from a proper officer, for the landing the same against the Form of the statutes in such Case made and provided,4 whereby the same is become forfeited as aforesaid.
13. 14. C. 2, C. 11, §. 7.5 Be it enacted that [if] any Wharfinger, or his servant, shall take up or land, &c. or suffer to be waterborn &c. any prohibited Goods &c.6 without the Presence of some officer, &c. or at Hours and Times, not appointed by Law (1. Eliz.)7 &c. he shall forfeit 100£.—and if any Goods or Merchandizes shall be taken in from the shore &c., into any Bark, Hoy, Lighter &c.8 without a Warrant, and the Presence of an officer, the Bark &c. shall be forfeited and the Master, Boatswain, Mariner9 &c. consenting shall forfeit the value of the Goods.
1. Elisabeth. C. 11, §. 2.10 Not lawfull for any Person to lade or put off or from any Wharf, Key, or other Place on the Land &c. or to take up, discharge and lay on Land, out of any Lighter, Ship, Crayer or Vessell any Goods, Wares or Merchandises &c.11 but only in the Day light, i.e. from March to Sept., between Sun setting and Sun rising,
{p. 218}
&c.12 and in some open Place that shall be appointable,13 upon Pain of Forfeiture of all such Goods &c.
7. 8. W. 3, C. 22, §.6.14 For the more effectual preventing of Frauds and regulating abuses in the Plantation Trade, be it enacted that all Ships coming into or going out of, any of the said Plantations and lading or unlading any Goods or Commodities, whether Ships of War or Merchant Ships and the Masters and Commanders thereof and their Ladings, shall be subject and liable to the same Rules, Visitations, Searches, Penalties and forfeitures, as to the Entering, lading, or discharging their respective Ships and Lading, as Ships and their ladings and the Commanders and Masters of Ships, are subject and liable unto in this Kingdom, by 14 Car. 2d. &c.15 and the officers shall have the same Powers and be subject to the same Regulations, as officers in England by that act.16
1. In JA's hand, in his Admiralty Book, Adams Papers, Microfilms, Reel No. 184.
2. Presumably “Gardiner” was consignee and potential claimant of the molasses. Possibly Joshua Gardiner, a considerable merchant in Boston and a commercial partner of John Hancock. See No. 45, note
2
33
.
3. Thus in MS. Either a copying error on JA's part, or an example of extreme nicety in pleading.
6. The statute also included goods “whereof any custom, subsidy or other duties are due and payable unto the King's majesty.” 13 & 14 Car. 2, c. 11, §7.
7. That is, 1 Eliz. 1, c. 11, §2 (1558), set out immediately following in the text, which establishes times and places for the loading and unloading of cargo. The reference in 13 & 14 Car. 2, c. 11, §7, is actually to an exception made in the Act of Elizabeth for the town of Hull.
8. “To be carried aboard any ship or vessel outward bound for the parts beyond the seas, or laden or taken in from or out of any ship or vessel coming in and arriving from foreign parts,” 13 & 14 Car. 2, c. 11, §7.
9. “The master, purser, boatswain, or other mariner of any ship inward bound.” 13 & 14 Car. 2, c. 11, §7.
12. “And from the last of September until the first of March, between the hours of seven in the morning and four at the afternoon.” 1 Eliz. 1, c. 11, §2.
13. That is, an “open place, key or wharf,” designated by the Crown within London or certain other named ports, or at any such place in any other port in which there had been a customs officer resident for the preceding ten years. 1 Eliz. 1, c. 11, §2. By 13 & 14 Car. 2, c. 11, §14 (1662), the Crown was given the power to establish the limits of all ports and appoint landing places within them.
16. The sections of both statutes regarding the powers of officers are set out in No. 44, at notes
40–45
92–97
.
Cite web page as: Founding Families: Digital Editions of the Papers of the Winthrops and the Adamses, ed.C. James Taylor. Boston: Massachusetts Historical Society, 2007.
http://www.masshist.org/ff/
http://www.masshist.org/ff/