Robert Treat Paine Papers, Volume 4

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Trial notes

RTP

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 .

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

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

Trial notes

RTP

Supr. Ct. Concord April 1779

Paul Revere vs. Cartel Minerva, claimed by Col. Crafts vs. Revere, & by State vs. all1

Septr. 1, 1778. Order of Council, to Genl. Heath to take charge of Castle

Do. Genl. Heath order to Col. Revere to take command of Castle

State Law. Page 45. shall be found within the State by this any person may take with Cmsn.

Resolve of Congress. p. 12: actually engaged in taking the prize, by the people of the Country:

State Law. P. 57

Wm. Salsbury, Col. Revere desired me to go on board the Cartel with him, I went on board, Jany. 31 on Sunday morning. I supplied Col. Crafts Regt. with Provisions. 90 Wm. Gordon. I went on board Friday evning. before: Col. Revere had desired me if Cartel came up to go on board, & he got up abt. sun set: I found Capt. McClure on board, he sd. he was going to carry the Capt. of Cartel up to Town, Sunday morning we seized the Goods & put a Guard on board by Genl. Gates order. Friday night we recd. orders from Genl. Gates to put guard on board. I have seen a paper containing orders not to let Cartels pass & I went & ask on Saturday by orders from Genl. Gates on Friday Mr: Dana for State all captures made by Subjects of any State are in the sd. Instant to the use of the State that the Sovereign have power in sch. instances to make captures & have powers to distribute 10th Novr. 1775. Resolve to empower persons, with Comson. to take prizes; vessells brought in, within 30. Leagues April 23. 1776 Resolve that Sea Coast men shall have but 1/6 not 1/3 Objd. to as a private act. assented April 16. 1777 Resolve the Establishment of Col. Crafts Regiment. Decr. 7. 1776. Resolve, of distribution of Q. of England, 2/3 to State 1/3 to Col. Crafts & Whitney, Vattel2 B.3. Ch: 19 § 164, of Booty, it belongs to the Sovereign makg War, because he maintains them 2 Burlemaqui 299 P. as the right of War is in the Sovereign, the things taken belongs to them Mr. Morton for Col. Craft’s Claim 29 July 1777. Order to Col. Crafts to put the Fortifications in order Jany. 12 1778. Order of Council, Castle & Crafts Regt. put under Genl. Heath Jany. 13. 1778. Genl. Heath order to Col. Crafts July 27. 1778 Do. Do. Do. July 1778 abt. the Castle Do. 20. Jany. 1779. Gates orders to Col. Crafts to search the cartel & return by Col. Revere. Feby. 1: 91 a cartel not a prize, no capture formed within State not to be taken witht. Comsn. if they take at all it is Sea Coast men what did Revere do? as Comdr. of Castle he was obliged to stop her.

MS .

“The Jury find that the goods Wares and Merchandize and ten fire arms which were found on board the Ship Minerva were British property not under protection and ought to be confiscated, and that one third part of the amount thereof be adjudged to be shared by Col. Revere and his detached party doing duty on Castle Island as Sea Coastmen, Libellants. The other two thirds to be adjudged to the Govt. & People of this State and that the Claim of Col. Thos. Crafts is not supported—And that the Vessell and her Appurtenances are not subject to forfeiture”

(Superiour Court of Judicature Minute Books, Middlesex County, Apr. 1779. Massachusetts Judicial Archives, Boston, Mass.).

Extensive additional notes by RTP on this case appear in the Paine Papers, including a summary of the background information, notes from “Extracts from a Treatise of Captures in War, by Richard Lee Esqr. London, 1759,” a list of documents found upon the Minerva with a detailed list of her cargo, and a chronology of the case.

Emer de Vattel, The Law of Nations; or, Principles of the Law of Nature: Applied to the Conduct and Affairs of Nations and Sovereigns (London, various editions, including 1760). RTP had a copy in his library.