Papers relative to the seizure of the British sloop Providence in Bristol Harbor, with the decision of the Supreme Court at Newport
N.p., n.d. [Likely Newport: ca. 1737]. Folio, 12 pages, with legal glosses in the margins; some tears and chipping at the margins occasionally touching a letter or word (sense in most cases remains clear), old shadows, later pencil annotations in the margins; good and legible. This manuscript shows up via google in Norton's Catalogue of Rare Autographs, Coins, Etc. in 1862 priced at $2. The case is outlined succinctly in the Acts of the Privy Council (Colonial - 1738), pp. 603-5: "Reference to the Committee of the petition of Peleg Brown of Newport, Collector of his Majesty's Customs in Rhode Island and the county of Bristol in America, hearing his appeal from a judgment of the General Assembly, 4 May, 1737, confirming a judgment of the Superior Court at Newport, 29. March, 1737, in favour of James Allen and Ezekiel Chever relating to 96 hogsheads and 6 barrels of foreign molasses... "Brown alleges that on the 11th of March 1735 he made Seizure of a Sloop called the Providence Samuel Silk Master Laden with Ninety Six Hogsheads and Six Barrells of Foreign Molosses and also with twenty five Casks of Gunpowder Cloth and other Commoditys of the product and manufacture of Europe, which Lading the said Sloop had taken in at Surinam a Settlement belonging to the Dutch with an intent to run the same into New England. And that he had filed his Information in the Court of Vice Admiralty for Condemnation of the said Vessel and of the said European Goods, whereupon James Allen and Ezekiel Chever came in and Entered their Claim to the Sloop and set up a Claim by Attorney in the Name of one Green to the European Goods - That on the 30th of March 1736 the said Information came to trial when the Judge of the said Vice Admiralty Court condemned the said European Goods But acquitted the Ship upon a Distinction that the Owners ought not to Suffer for the Malfeazance of the Master... "That in November following the said Allen and Chever brought an Action against the Petitioner in the inferior Court of Common Pleas in Rhode Island or Account of the Ninety Six Hogsheads and Six Barrells of Foreign Molosses which lay in Your Majestys Warehouse for securing the Duty imposed by Act of Parliament in Great Britain For Encouragement of the Sugar Colonys, and laid their Damages at three thousand pounds New England Money And on the 4th of January 1736 the same was tried when the Jury found the following Special Verdict, That if the Court should be of Opinion that the Duty of the said Molosses was due by Act of Parliament before the Landing they found for the Petitioner If the Court should not be of that Opinion then they found for the said James Allen and Ezekiel Chever the Damages Sued for and Costs of Court, But the Court being of Opinion, that the Duty of the said Molosses was due by Act of Parliament before the Landing, they gave Judgment for the Petitioner. On an appeal by Allen and Chever to the Superior Court of Judicature of Rhode Island, on 29 March, 1737, the jury gave a verdict against the petitioner for 1,848/. and costs. On the petitioner's appeal therefrom to the General Assembly of Rhode Island, on 4 May, 1737, judgment of the Superior Court was affirmed with costs. "The Committee recommend that the appeal be sustained, and that upon the said Allen and Chevers paying the Dutys for the said Molasses imposed by the said Act of Parliament . . the same be restored to them by the said Appellant Peleg Browne. But in case the said Melasses or any Part thereof shall have been Sold and disposed of the Money arising thereby be Applyed in the first place to the Payment of the said Dutys and the Overplus be returned to the said Owners." Item #55215
Price: $4,500.00
