Between the Covers

Two remarkable manuscript documents relating to the capture of three enemy British ships in June, 1781, one of which, the schooner *Tryal*, was transporting four slaves from Bermuda to Portsmouth, Virginia. The names of all four slaves, three men and one woman, are recorded in the first document, a deposition of the sailor William Wright, sworn before and signed by Francis Hopkinson on June 28, 1781, when Hopkinson was Judge of the Admiralty Court of Pennsylvania. The second associated document is a claim filed by the sailors Wright and John Leonard for their “Seaman’s share” of prize cargo seized from two other ships captured in June by the Privateer Brig *Nesbitt*. This document was presented to Hopkinson and signed by William Lewis, a leading abolitionist involved in the drafting and passage of *An Act for the Gradual Abolition of Slavery* in 1780, the first legal action towards the abolition of slavery in the United States of America. Toning, a few small stains on the first document, very good.

In June of 1781, the privateer brigantine *Nesbitt*, under the command of James Forbes, captured the schooner *Tryal* at sea and brought it into Philadelphia to have it condemned and sold. Among the “cargo” on board were four slaves labeled as prize goods by Forbes. The Nesbitt also captured two other British vessels: the dispatch boat *May Flower* and the 50-ton sloop *General Leslie* (which also had six slaves on board). Captain Forbes petitioned the Admiralty Court in Philadelphia to have the ships and their cargoes condemned and sold for the benefit of Forbes, his crew, and his financial backers.

Sailing aboard the *Nesbitt* was William Wright, “as a seaman from the Island of Bermuda,” and John Leonard, also apparently from Bermuda. The reason why Forbes excluded Wright and Leonard from their share of the prize money from the capture of the *May Flower* and *General Leslie* is not stated; but it likely relates to their status as Bermudians, or sailors from Bermuda. As documented in their Claim both sailors sued in the admiralty court at Philadelphia for their share of the prizes. Court records indicate that Hopkinson ordered that they should each receive “one Seaman’s share” of the prize money.

It is interesting to note that William Wright also served on board the *Tryal* when it was captured by the *Nesbitt*, in the month of June. Hopkinson held two hearings on condemning the *May Flower* and *General Leslie* as prizes (on June 25 and June 28); both ships were sold at public auction in July. The fate of the slaves remains unclear.

An historically important pair of documents that shed light on the experiences of four slaves caught up in the Revolutionary War. A detailed description of both documents, with quoted extracts, follows:

I. [Docket title] “James Forbes qui tam – Negro’s Baptice Smith & Others / Deposition of William Wright” [June 28, 1781]

Quarto. 1p. Full title: “James Forbes qui tam – The Schooner Tryal & the Negroes or Slaves Baptice Smith, Joseph Blackborn, Ann Eastern & William Witney”

“In the Admiralty of Pennsylvania / William Wright, late a mariner or seaman on board the Schooner called the Tryal – who being duly sworn … doth depose and say – That he sailed on board the said Schooner as a seaman from the Island of Bermuda, that she was bound for Portsmouth in Virginia – and saith that on her passage she was captured by the Brigantine or armed vessel of war called the Nesbitt – and that the said Negros or Slaves were on board said schooner and were taken from on board by the said James Forbes or by his order at sea, and further deposeth and saith that the said schooner or vessel, their cargo & appurtenances, together with the said slaves called Baptice Smith; Joseph Blackborn; Ann Eastern & William Witney, were at the time of the said capture the property of his Britannic Majesty or of some Subject or Subjects of the said King as this Depon. verily believes – [Signed] William Wright / Sworn before me the 28th day of June 1781 – [Signed] Fras. Hopkinson”

II. [Docket title] “Admiralty: Claim of J. Leonard & W. Wright, Prizes of Nesbitt, Filed August 3, 1781”

Bifolium. 2pp. (of 4). “Port of Philadelphia … In the Admiralty / To the Honorable Francis Hopkinson, Esquire Judge of the Court of Admiralty … The claim of John Leonard and William Wright, mariners humbly shewith, that on [June 1, 1781] on the high seas and within the jurisdiction of this court, a certain discourse was had … between the said [JL and WW] and a certain James Forbes, Captain and commander of the Privateer Brig Nesbitt, then on the high seas …

… it was then and there mutually agreed that [for services on board her as Mariners … JL and WW] should each of them have the whole Seamans share of all and every Prize and prizes … that should be captured by the said Privateer Brig Nesbitt on her then Cruise against the Enemies of the United States … [JL and WW], acting on board in the station as mariners, assisted the officers and crew of the said Privateer … in attacking, conquering & subduing the Schooner *May Flower*, her tackle apparel, furniture and cargo, belonging to the enemies of the United States; and afterwards to wit on (June 10) … subduing the Sloop *Leslie* … her tackle apparel, furniture and cargo … whereby they were justly entitled each of them to one Mariner’s share of the said Schooner *May Flower* & Sloop *Leslie* their tackle apparel, furniture & cargoes, which have been condemned as lawful Prize to the said Brig Nesbitt – nevertheless the said James Forbes … hath not returned the said [JL and WW] as entitled to their said shares of the Prizes … Wherefore they pray that this their claim may be received … / July 31, 1781 / [Signed] Wm. Lewis”.

Item #460447