Maritime Court Boston. March. 1779

Revere vs. Minerva, a Cartel in behalf of the State

Wm Salsbury Jany. 31. I went on board Capt. Dunlaps the Goods were the Prop: of Henry Mitchel of NYork, they were consigned to himself & had sold some at Halifax & did not store ’em because he could get no store. 8 or 10 Musketts on hand wn. he sd. he knew nothing oft but his own force: I saw one of the Musketts pricd Wm. Gordon he came upon 29th. Capt. McClure went on board in consequence of Orders from our Commsy. of Prisners Genl. Gates told me to go on board & search her. I went on the 30th. the goods were in the afterhold behind a bulk head. Capt. sd. he had only his force on board, but we found 9 Guns in the Steerage between the carlins, one or 2 loaded. Capt. sd. he did not know they were there, they belonged to the men (This State like all others grow assuming with age) Mr. Morton for Col. Crafts1 the State found their Claim on an Order of Councill July 29. 1777.: order of Council to Col. Crafts to take Charge of the Castle 88 Jany. 12. 1778. the Castle put under Genl. Heath. Jany. 13. 1778: a Letter from Genl. Heath to Col. Crafts July 27. 1778: Genl. Heath to Col. Craft. to march a detachment to Tiverton. same day. - - - - Do. - - - - Do. - - - - July 25. 1778. Genl. Heath to Col. Crafts Nov. 25. 1778 order of council putting the forts & state artillery put under Genl. Gates qui fecit per alterum2: this makes it the States Genl. Gates order to Col. Craft to go on board the Cartel

Maritime Court March 26. 1779 Boston

Revere vs. Minerva a Flagship

Claim for State

Wm. Salisbury. Capt. Dunlap sd. Guard the Property Wm. Gordon. 29th went on board: I saw orders from Council to Col. Revere not to let any Cartel come above the Castle Mr. Hitchborn (States as they grow old grow assuming) Mr. Tudor for Capt. Dunlap Mr. Henderson She was a Flag & I recd. orders from Council to bring her under the Guns of Castle as soon as she arrived: last Flag had Cannon order of Council to recieve & deliver Prisoners Capt. McClure. Henderson ordered me on board to bring up the ship Sr. George Collins Instructions to Capt. Dunlap Capt Dunlap. Ship owned in Glasgow. Cargo ownd by Heny. Mitchel of NYork taken on board in Octr. last & has never been taken out since Sept. 1. 1778. Order of council to Col. Revere Do. of Genl. Heath Do. Do. Do. The State only can say whether ship a regular Cartel or not: & not any private Persons: if she has committed any crime it is agt. the State, & they must prosecute & have the forfeiture, & a private person can no more libel, than they can Indict for a crime & have the fine, unless the Law provides 89 for it, now where is the Law that gives the forfeiture to private persons. The State may give up if they please Resolve of Congress March 23. 1776 not to the purpose Resolve of Gen. Court. Novr. 10. 1775: uncommissiond captors to share prizes: Do. April 23d: 1776. sea coast men to have 1/3 of Prizes captured by them June 12: 1776: Benja. Smith Decr. 7: 1776. Distribution of Q: of England April 14th. 1777: the present Establishmt. of Crafts regiment

MS .

1.

Col. Thomas Crafts (1740–1799) was commander of the artillery regiment on Castle Island (Mass. Soldiers and Sailors of the Rev. War, 4:67).

2.

RTP shortened the legal formula “qui facit per alterum facit per se,” which defines the mutual identity of agent and principle in an action.