Browsing: Legal Papers of John Adams, Volume 2

While the affair of John Hancock's Liberty (No. 46) drew public attention, a steady flow of other cases of illicit importation kept merchants, customs officers, and lawyers busy. On 6 September 1768, Joseph Dowse, surveyor and searcher of the customs for the port of Salem and Marblehead, seized thirty-three hogsheads and four tierces of molasses which had allegedly been landed in Gloucester without entry or payment of duties.1 Although another seizure which Dowse had made on Cape Ann was rescued at about this time by the inhabitants, he managed to retain control of the molasses. Jonathan Sewall filed an information against it for him in the Court of Admiralty on 26 October, with claimants cited to appear on 7 November.2

Since Adams was to appear in court for Hancock on the latter date,3 it is probable that he was of counsel for David Plumer of Gloucester, who claimed the molasses. In any event, Adams' minutes, printed below, show that when the case came on to trial, probably some time in December, Plumer sought to establish that the molasses had been imported, duty-paid, in August on his schooner Earl of Gloucester. Unfortunately, this vessel, after earlier evading the officers, had been seized on 22 October for the illicit importation of forty hogsheads of molasses on the same August voyage. An in rent proceeding was begun against her on 6 December.4

The Commissioners also sought to impose penalties upon the individuals responsible for the alleged smuggling. At the end of December, Sewall filed in personam actions against seven men, including Plumer and Moses Bray, master of the Earl of Gloucester. On 3 February 1769 the citations were returned not served.5 It is possible that the respondents entered into a settlement whereby they agreed to withdraw their opposition in the forfeiture proceedings in exchange for an undertaking not to press the penal actions. Whatever the reason, the molasses, condemned earlier, was ordered sold on 2 March; on 18 April the Earl of Gloucester was adjudged forfeit, no claim having been entered for her.6

If Plumer did not voluntarily withdraw his claim for the molasses, there were other reasons why his defense might have failed. Adams' minutes indicate that Plumer produced witnesses to establish an identity between the molasses in suit and certain molasses covered by a cocket certifying legal entry on payment of duty, which had been signed by John Fisher, Collector at Salem. At the end of September, however, Fisher had been suspended by the Commissioners of the Customs on a number of charges, { 212 } including that of crediting merchants with more duties than they had actually paid.7 The court thus may well have found the cocket fraudulent, or may not have accepted the evidence of Plumer's witnesses.

Be it remembered that on the 26 October 1768 Joseph Dowse of Salem in the County of Essex Esqr., Surveyor and Searcher for the Port of Salem and Marblehead in said Province, who prosecutes as well &c.2 comes and gives the Court to be informed that on the Sixth day of September last at Glocester in the Port aforesaid, he Seized as forfeited, one Third to the King &c.3 Thirty Three Hogsheads and four Tierces of Molasses, for that the same, on the same day was illegally imported, in some Ship or Vessell to the said Informant unknown, from foreign Parts, and was illegally unshipped and landed on Shore in Glouster aforesaid, no Report or Entry thereof having been first made and the Same being customable Goods and the Dutys thereon not having been first paid; against the Form of the Statute in that Case made and provided;4 whereby the Same Molasses is become forfeit to the Uses aforesaid. Whereupon as this is a matter properly within the Jurisdiction of this honorable Court, the said Joseph Dowse prays the Advisement of the Court in the Premisses, and that the same may by proper Process from this Court, be taken into Custody of the { 213 } Marshall of the same Court and by Decree be adjudged and decreed to remain forfeit to the Uses aforesaid.

David Plumer of Glocester in the County of Essex Merchant produces a Cockett from the Custom House in Salem 20 Aug. 1768 signed by Fisher Collector Mascarene Comptroller and John Turner Jr. Navall officer, for Thirty Three Casks of foreign Molasses, 3089 Gallons imported from St. Eustatia in the Earl of Glocester, duties paid by Moses Bray, now on board the Schooner Olive Branch Wm. Low Master, bound for Boston.5

And said Plumer proves by Witnesses that the Molasses now libelled against is the Same, that is mentioned in the above cockett.