Legal Papers of John Adams, volume 2
Triton
The documents that follow tell all that is known about this forfeiture proceeding in Admiralty. The basis of the suit was apparently the same statutory prohibition against unloading cargo before entry upon which John Hancock's Liberty had been condemned.1 The parties were cited to appear on 7 November, the date on which the in personam actions against Hancock and others involved in the Liberty affair began. Adams was thus certainly in court to make the brief minute of Otis' argument printed here as Document IV, and may also have been of counsel for Solomon Davis, the owner. The Minute Book entry (Document III) does not report the outcome, but presumably the Triton was acquitted, since no notice of sale was published in the Boston newspapers, and the Minute Book does not indicate a distribution of the proceeds of condemnation.
15 Car. 2, c. 7, §8 (1663), set out in note Liberty, see No. 46, note 16.
This day the brig Tryton, owned by Mr. D——s, a merchant of this town,2 was seized by order of the Board of Customs, on supposition it is said, that she had some time ago been employed in an illicit trade; and that they may oblige the owner to prove where and how she has been employed.—This seizure exhibits another instance of the generosity of the Commissioners, and their friendly disposition towards trade, in as much as it is said, that they have not now any more cause of suspicion than they had four months past; during which time she has remained in port undisturbed till the owner had spent £.100 sterling in repairs, and had taken a freight for Hull, the insurance of which has been some time past wrote for by the several freighters.
3
Printed in Dickerson, Boston under Military Rule
9, from the New York Journal, 10 Nov. 1768.
Solomon Davis.
The italicized portion was omitted in the Boston Evening-Post publication of the item. Dickerson, Boston under Military Rule
9 note.
Read a Letter of the 25 Instant from the Collector and Comptroller of Boston. Ordered that the Solicitor do attend the Advocate General, and give him Instructions for prosecuting the Brigantine Tryton formerly called The Popet for Breach of the Acts of Trade.
7 Bowdoin-Temple MSS 169, MHi.
Wm. Sheaffe, Esqr.,2 Dy. Collector &c. vs. Brigt. Triton. Sewal3
His Honor the Judge gave his Decree as on file.
Vice Adm. Min. Bk., 29 Oct. 1768.
As to Sheaffe, see No. 45, note
That is, Jonathan Sewall, who filed the information as Advocate General.
Otis. 15. C. 2, c7, §. 8.2
In JA's hand. Adams Papers, Microfilms, Reel No. 185.
15 Car. 2, c. 7, §8 (1663). The pertinent portion of the section provides: “(2) and no ship or vessel coming to any such land, island, plantation, colony, territory or place [i.e. royal colonies in Asia, Africa, or America, except Tangier. 15 Car. 2, c. 7, §6], shall lade or unlade any goods or commodities whatsoever, until the master or commander of such ship or vessel shall first have made known to the governor of such land, island, plantation, colony, territory or place, or such other person or officer as shall be by him thereunto authorized and appointed, the arrival of the said ship or vessel, with her name, and the name and surname of her master or commander, and have shewn to him that she is an
English-built ship, or made good by producing such certificate, as abovesaid [i.e. that required by 12 Car. 2, c. 18, §10 (1660)], that she is a ship or vessel bona fide belonging to England, Wales, or the town of Berwick, and navigated with an English master, and three fourth parts of the mariners at least Englishmen, and have delivered to such governor or other person or officer a true and perfect inventory or invoice of her lading, together with the place or places in which the said goods were laden or taken into the said ship or vessel; (3) under the pain of loss of the ship or vessel, with all her guns, ammunition, tackle, furniture and apparel, and of all such goods of the growth, production or manufacture of Europe, as were not bona fide laden and taken in England, Wales, or the town of Berwick, to be recovered and divided in manner aforesaid” (i.e. in “any of his Majesty's courts” in the colony, one third to the Crown, one third to the Governor, and one third to the informer. 15 Car. 2, c. 7, §6).