New York Court of Vice Admiralty 31 March 1779

John Freeman v. the Friendship and cargo

Folder 24.

This folder, dated 1779, contains 16 numbered documents, court papers and 11 ships' papers, relating to the Friendship, James Cox master, and her capture by the privateer Mohawk, John freeman, master.

Court Papers:

1. New Court Court of Vice-Admiralty. John Freeman v. Friendship and cargo. Libel showing that the Friendship of 40 tons burden on 23 Mar 1779 was captured by Mohawk and carried into New York. Her condemnation is prayed. Endorsed as above. Filed 31 Mar 1779.

2. Deposition of William potts of Maryland and Barbadoes, a passenger on board the Friendship and present at her capture, and a British subject. The vessel sailed under the English colours. James Cox the master lives in Bemruda and is also a subject of King George. The crew numbered 8 in addition to passengers, and all were shipped in Bermuda. The Friendship's last voyage began at Bermuda and she was cleared for New York but James Cox the master had a pass from the Governor of Bermuda to go to Virginia, and deponent believes she was bound there when captured. The vessel was loaded with salt, rum, nails, sugar, and dry goods. James Cox and a John Dakers of Bermuda were part owners of ship and cargo, but deponent was owner of 2 hhds of rum and a small amount of sugar. Part of the cargo was shipped by Mr John Tucker on freight. The said cargo was to have been sold in Maryland or Virginia. Endorsed as above. (4pp)

3. Deposition of James Cox, master of the Friendship, residing in Bermuda and a British subject. The vessel sailed under English colours and was going to Virginia, as the deponent had a pass from the Governor of Bermuda to go to Virginia. If the Friendship had met a British man-of-war in Chesapeak bay he would have consulted with teh Commander with respect to the validity of the said pass and , had the said commander been of opinion tha tthe Friendship was not sufficiently authorised to proceed to Virginia, the deponent would have gone to new York (4pp).

4. Affidavit of papers by John Nicoll, lieutenant on board the Mohawk in the usual form. Endorsed as above. (2pp)

5. Printed monition in the usual form, objections to the condemnation of the Friendship to be lodged before the 21st April 1779. Endorsed by Thomas Ludlow, marshal. (2pp)

Ships' papers:

6. Printed clearance from Bermuda for the Friendship for New York with 3 puncheons of rum and surety of L1000, given. Dated 6 Mar 1779. (1p)

7. Invoice of sundries shipped at Bermuda: salt, sugar, coffee and rum to the total value of L119-0-8.

8. Printed clearance from Bermuda for the Friendship for New York, witha fuller description of her cargo dated 10 Mar 1779

9. Permit from the Governor of Bermuda to James Mudie to take on board 3 white and 5 negro sailors for a voyage to New York.

10. Letter from Jones & Jones, St Euststia 15 Oct 1778, to Mr Isaac Van Bibber, Baltimore. re goods to be forwarded to them

11. Permit from George Bruere, Gov of Bermuda to James Cox of the Friendship to proceed to New York with supplies for his Majesty's forces. Dated 8 Mar 1779.

12. Customs clearance at Bermuda for the Friendship dated 6 mar 1779

13. Declaration of James Cox that the Friendship of 40 tons is owned jointly by him, Jim Dakers and Francis Darrell of Bermuda. dated 8 Feb 1779

14. A license from the Gov of Bermuda to James Cox of the Friendship bound for New York, to depart the islands. Signed George Bruere 6 Mar 1779

15. A pass from Gov George Bruere for the Friendship, if she cannot get provisions for Bermuda in New York, to go to  Virginia for them, on the grounds that the people of Bermuda are in the greatest want of bread particularly and are in danger of dread and dire famine. dated 8 Mar 1779

(reference: Viriginia Colonial records: Survey Report No 5742, PRO, class HCA 32/335, High Court of Admiralty: Prize Papers, 1778)