Here is the text transcribed from a xerox of the
original. There may be another document from the
following year detailing any disposition of the cargo; I
haven't had time to look for it.
• State of Maryland
• To the Honourable Benjamin Nicholson Esq
Judge of the Admiralty Court for the State of
Maryland
The libel of Rouse Fassit one of the inhabitants of
Worcester County in the State of Maryland showeth that
the said Fassit did on the tenth day of March in the
year of our Lord one Thousand seven hundred and
seventy nine within the jurisdiction of this Court
upon the high seas near the Coast of Worcester County
discover and take a lawfu prize the Sloop Friendship
commanded by a certain John Carter a subject of the
King of Great Britain not residing in Bermuda,
Providence or the Bahamas Islands or other of
them.
Which said sloop was about ___ Tons burthen
together with her Guns Tackle furniture & apparal
and Cargo consisting of Pork, ??? Tallow, Bees-Wax,
Plank and Shingles.
And the said Fassit doth further shew that the
Sloop Friendship her Tackle, apparel, furniture and
Cargo at the time of the Capture aforesaid, was in
possession, and the property of, certain Subjects of
the King of Great Britain not residing within Bermuda,
Providence or the Bahama Islands or any of them.
And the said Fassit further sheweth that the said
Sloop then & there was employed in carry Supplies
and other Necessaries to the British Army & Navy
employed in the service of Great Britain and bearing
arms against the United States of America at the State
of New York and so being employed was by the said
Fassit so as aforesaid discovered and captured.
And whereupon the said Fassit prays that the said
Sloop and her Cargo &c may be condemned to him the
said Fassit as Lawful Prize.
Luther Norton [?] pro libellant
[probably Luther Martin, later Md Atty
Gen]
• To the Hon'bl Benjamin Nicholson, Judge 0f
the Admiralty Court for the State of Maryland
The petition of Rouse Fassit humbly sheweth that
the Sloop Friendship against which he hath this day
filed his libel was discovered and taken a prize by
him on or about the seventh day of March Instant.
That the Vessel is now aground on the Beach and if
properly attended to may he imagines be got off, but
should she remain where she is besides the risque of
her being destroyed she will be [trabea so]
Sand to such a Degree as may occasion her to be
entirely lost. Her Cargo also, which except for a few
Barrels of Pork, Hogs Lard, Tallow and Wax consists of
Plank and Shingles, are exposed to Causualties and
Plunder, and much of the latter hath actually been
lost from the High Tides overflowing the Beach and
floating them off.
He therefore prays that your honour would direct a
sale of the said Sloop and Cargo and that the monies
arising therefrom may remain in the hands of your
Marshal subject to the decree of your honour or a
final heading [?hearing] and your Petshore
[?Petitioner] Rouse Fassit
• March 17th 1779
Jonathan Thisick a Sailer Belonging to the
Impertinant fitted out of New York Sworn and
Examined by interrogation in Court this 8th day of
April 1779 as follows Viz:
Q: What do you know of the Sloop friendship
the libel mentioned?
A: he belonged to a prvateer call the
Impertinant fitted out of New York to Cruise
against American property -- that in company with the
Dunmore a British privateer about Six Weeks ago
they fell in with and made a prize of the Sloop
Friendship the vessell in the Libell mentioned
as American property.
Q: At what time did the Sloop Friendship Strike?
[i.e., surrender]
A: About four o'Clock in the Afternoon of a Tuesday
and that on the Friday following about twelve or one
o'Clock she went Ashore on Sinepuxent Beach --
Q: do you [know] by whom the Sloop
Friendship was owned?
A: he does not
Rouse Fassitt vs Sloop Friendship
Libell f[ile]d 17th March ???
Senas [?]
Jno Carter
Jonathan PKthisick
John McDugall
Isaac Leve [Levy?]
Chs. Sharp
Court met the 8th April 1779.
Condemnation as to One Third of the Vessel [to
Fassit] and the Other two thirds to be delis'd
[delivered?] the Libellant on giving Bond and
Security in 40.0.0 L to refund the said two thirds in
case any person shall put in a claim within twelve
months for the said two thirds and Obtain a degree for
the same.
Court [?] Ally
Marshall
State
Reg'r
award [?] That a Commission issue to Mssrs
Thomas and Zadock Purnell to take the Deposition of
Rowland Cromwell to be made Use of as Testimony in
this Cause in case a claim should hereafter be put in
for the said two thirds and in case the said Rowland
Cromwell can not be had.