A REPRESENTATION OF FACTS, Relative to the CONDUCT of DANIEL MOORE, Esquire; Collector of His Majesty's Customs at Charles-Town, In SOUTH-CAROLINA. From the Time of his Arrival in MARCH, 1767, TO THE Time of his Departure in SEPTEMBER following. TRANSMITTED By the Merchants of Charles-Town, TO Charles Garth, Esquire, in London, Agent for the Province of South-Carolina; AND, Recommended in a Letter from the Honourable The COMMITTEE of CORRESPONDENCE.
CHARLES-TOWN, SOUTH-CAROLINA: Printed by CHARLES CROUCH, at his Printing-Office in Elliott-street. 1767.
SOUTH-CAROLINA. By his Excellency the Right Honourable Lord CHARLES GREVILLE MONTAGU, Captain-General, Governor, and Commander in Chief in and over the said Province, and Vice-Admiral of the same.
KNOW ye, that FENWICKE BULL, Esquire, before whom the several Affidavits and Attestations to the Papers hereunto annexed were made and taken, is a Notary-Public, duly admitted and sworn, dwelling in Charles-Town, and one of his Majesty's Justices of the Peace for Berkley County, in the Province aforesaid. THEREFORE all due Faith and Credit is and ought to be had and given to them.
IN TESTIMONY whereof I have hereunto set my Hand, and caused the Great Seal of this His Majesty's said Province, to be affixed at Charles-Town, this Second Day of October, Anno Domini, One Thousand Seven Hundred and Sixty-seven, and in the Seventh Year of His Majesty's Reign.
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall, or may Concern, That on this Twenty-second Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY came and appeared Gabriel Manigault, John Neusville, John Chapman, John Gordon, Thomas Shirley, and Henry Laurens, Merchants, dwelling in Charles-Town, in the Province aforesaid, who being severally and duly sworn upon the Holy Evangelists of Almighty God, made Oath and declared, That on or about the Twenty-sixth Day of May last past, there having been divers Complaints among the Merchants in the said Place, of enhanced Fees and Exactions at the Custom-House, since the Arrival of Daniel Moore, Esq Collector of the Customs; several of which Complaints were founded upon Circumstances and Facts, within their own Knowledge; and also having heard that the said Daniel Moore, Esq had contrary to the Practice of his Predecessor in Office, the late Hector Berenger De Beaufain, Esq demanded and received Fees for granting or signing Indico Certificates; and further, that he had particularly required and insisted upon every decked Boat and Schooner going to any of the neighbouring Rivers and Plantations within this Province, whether loaden or light, to take out Registers, and also Permits from him the said Collector, as well as to enter into Bond; for which Bond and Permit, a certain Sum of Money was to be paid to the said Collector, and One-third Part of the said Sum to the Comptroller of the Customs: They the said Gabriel Manigault, John Neusville, John Chapman, John Gordon, Thomas Shirley, and Henry Laurens, did then, and at the particular Desire of a great Majority of the Merchants and Traders in Charles-Town, (and understanding at the same Time, that it would also be particularly agreeable to the Collector to have an Interview and Ecclaircissement with the Merchants) wait upon him the said Collector at his own House, as a Committee from the Body of Merchants, to Address and Remonstrate to him, upon the general Complaints abovementioned. At their first Visit, the Collector not being prepared to receive them, they the said Committee retired, and waited upon him again, by his own Appointment, the Day following; and then Gabriel Manigault, Esq speaking on Behalf of the Rest, informed the Collector of the general Complaint of Merchants and Masters of Vessels, that the Fees taken at the Custom-House were of late greatly increased, and that it had been also alledged, that Fees for signing Indico Certificates, contrary to Law and Custom, had of late been demanded, and taken by him the said Collector: That the Merchants were very sorry that there was any ground for Complaint, and that it was their earnest Wish and Desire, to maintain a right Understanding, and to live in Harmony with him the said Collector, as they had heretofore had the Happiness of in the Time of the late Collector, Mr. Hector Berenger De Beaufain: To the first Complaint, the Collector replied, that he could not Account for the Advance of Fees in any other Way than the Multiplicity of Bonds and Certificates required by late Acts of Parliament: To the second Complaint, his Answer was by no means Satisfactory, INASMUCH as his Apology was only this, That upon a Demand made of Mr. James Poyas, by the Collector's Clerk, for a Fee upon an Indico Certificate, which the said Mr. Poyas had paid, but murmured at it, as being an Exaction, the Collector had called to him as he was going out of the Custom-House, and said, "don't pay it Mr. Poyas, don't pay it;" whereas it was remarked to the Collector, that if instead of calling to Mr. Poyas not to pay the Fee, he had forbid his Clerk to receive it, and Chid him for his Presumption, that would have been more effectual. FURTHER the said Committee say, That in order to be explicit with the Collector, in one other Instance of what they apprehended to be an Exaction of Fees, and which was mentioned by Mr. Henry Laurens, in the Case of the Ship Anne, George [Page 4] Forten, Master, of which the said Laurens was One-fourth Owner, cleared out a few Days before, for which Ship no less than Fourteen Pounds had been paid to the Collector only; whereas in similar Cases, while Mr. Beaufain was Collector, no more than Eight, or Eight Pounds Ten Shillings was wont to be paid: To which the Collector replied, That if Mr. Laurens would send Captain Forten next Day, with all his Papers, that he the Collector would examine into that Affair, and by a particular Account of the Fees, give Satisfaction, that no more had been taken than was really due; but if it should appear otherwise, he would make a Return. The COMMITTEE being satisfied with the Equity of this Proposal, rested upon the Assurances of the Collector, and soon after retired from him.
THE said Gabriel Manigault, John Neusville, John Chapman, John Gordon, Thomas Shirley, and Henry Laurens, each for himself, doth severally and respectively declare, That it was always his Wish and earnest Desire, to live in Peace with the said Collector, and to have paid to him upon every Occasion that should occur, his full and just Fees, according to Custom, and agreeable to any Law, and all the Laws relative to the American Trade, passed since the Decease of the late Collector, Hector Berenger De Beaufain, Esq That he and they severally and respectively never had any Design, Intention or Wish, to curtail such due Fees, or to impede or obstruct in any Degree, the said Collector, in the due, full, and legal Execution of his Office as Collector of the Customs: And that to the best of their Knowledge and Belief, jointly and severally, every Merchant in Charles-Town, was, in like Manner, favourably disposed towards the Collector, and heartily inclined to pay Obedience to Acts of the British Parliament.
- GABRIEL MANIGAULT,
- JOHN NEUFVILLE,
- JOHN CHAPMAN,
- JOHN GORDON,
- THOMAS SHIRLEY,
- HENRY LAURENS.
SIGNED and sworn to before me, the Day and Year before written, being one of His Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall, or may Concern, That on this Twenty-eighth Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY came and appeared Henry Laurens, Esq one of the Committee of the Merchants, and others, Traders in Charles-Town, and who hath been a British Merchant TWENTY-THREE YEARS; who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath and declares, That the Collector Daniel Moore, Esq often endeavoured to persuade him the Deponent, that there was a Necessity for every Coasting Schooner or Schooners that passed Fort Johnson, to enter into Bond to him the Collector, and take out a Permit for Six Months; that there was no Medium between regularly entering and clearing such Schooners, although in Ballast, and only going to some of the neighbouring Plantations every Voyage, and taking such Certificates as he proposed; that if they did not comply with one or other, Seizure and Forfeiture must inevitably follow; and therefore he desired the said Henry Laurens to use his Influence with other the principal Merchants, that they might comply with his, the Collector's Proposition; adding, that several low Persons had offered to take such Permits, but that he chose to begin at the other End, or with other Sort of People; to which the said Henry Laurens replied in general, that he by no means thought it improper that some Part of the Coasting Trade should be under due Regulation; but that in the extensive Manner that the Collector required, it would [Page 5] Distress the Province in general; that it would be impossible to comply with it, and that it would answer no good End to the Public; and besides, that if the Collector's Permits were to guard them effectually against Seizures from the Custom-House Officers on board of his Majesty's Ships, he the Deponent was of Opinion that such Permits might have a dangerous Tendency, and be made a Cloak for illicit and irregular Trade; but that nevertheless, if there was any Act of Parliament obliging such small Vessels to take Certificates, he should for his own Part, pay due Obedience to it as far as possible, and should also recommend the same to his Friends. The Collector assured the Deponent, that it was in his Power to compel all such Vessels to enter and clear every Trip they made to and from the Plantations: To which the Deponent replied, that he believed the Collector might by an Extension of his Power, create a great deal of Trouble to the People in Carolina, but that he was likewise certain, the Collector might also avoid giving them such Trouble, and yet not relax from his Duty; and that in his Opinion a mere Exertion of Power would finally be attended with no real Service to the King, nor was it to be set in Competition with the Affections of a whole Province, or Words to that Effect: And about the same Time the Deponent asked the Collector to favour him with a Sight of any Act of Parliament from whence he derived such Power and Authority, and also to inform him what Price or Fee he would demand for such Half yearly Certificates: The Deponent has forgot what Answer the Collector gave to the first Question, but he knows that the Collector never shewed him his Authority by Law, in Support of his Demand: But to the second, the Collector asked him what he thought of Half a Guinea for the Bond and Certificate; this Deponent answered, that if the Case was really as the Collector had represented to him, he thought the Collector's Demand was rather Indulgent. This Deponent further declares, that on the same Day, he heard the Honourable John Drayton, Esq and his Son William Henry Drayton, Esq severally ask the Collector what was to be the Fee for such Bond and Certificate; and that the Collector replied to one Three Pounds Fifteen Shillings Current Money, and to the other Seven Pounds Current Money: That about the same Time he was informed by John Wragg, Esq that the Collector had demanded of him an English Guinea for such Bond and Certificate; and he was also further informed, and hath since found it to be true, that the Collector had granted several of his Certificates at various Prices, some at Thirty Shillings, some at Forty Shillings Currency, and so forth: That upon hearing the Collector himself vary so much in his Demand, and also his declining or omitting to shew this Deponent his Authority, derived from any Statute or Act of Parliament, as well as doubting the Legality of his Permits to pass Fort Johnson, he thought and said, that the Collector did not Tread upon firm Ground, and therefore doubted whether he had any Authority for the Demands which he had made: And the said Henry Laurens also declareth, that about that Time, while he was further conversing with the Collector on the Subject abovementioned in the Custom-House, the Collector informed him that Captain Hawker, of his Majesty's Sloop Sardcine, had siezed one of the Coasting Schooners belonging to this Province; adding, that if he was to join Captain Hawker, in an Information or Prosecution against the said Schooner, she would certainly be condemned as forfeited; to which this Deponent replied, that he hoped then that HE the Collector would not join Captain Hawker, because if there was any Transgression, it must have been the Effect of Inadvertence and Ignorance, since it was evident no Fraud was designed, as the Vessel had actually come into this Port or Harbour, under the immediate View of the Custom-House Officers; the Collector answered no, by no Means would he join Captain Hawker; but at the same Time advised the Deponent very earnestly, to speak to other Merchants, and to comply with his forementioned Proposition and Demand, which he added would be their only, or best Way, and then said he, your Vessels may sail in Safety.
THIS Deponent further declareth, That in Consequence of the Invitation or Permission given by the Collector, he directed George Forten, Master of the Ship Anne, together with John Hopton, Clerk to this Deponent, to wait upon the Collector at the Custom-House, with all his Papers received at the Custom-House, at the clearing out the said Ship, in order to obtain a particular Account of the several Items, making up the said Sum of Fourteen Pounds. And that the said George [Page 6] Forten, and John Hopton, did accordingly attend the Collector at the Custom-House; from whence being returned, they informed this Deponent that the Collector had received them very angrily, and said, that as the Merchants were so exact with him, he would be so to them, and that not one Indulgence should be granted to them after that Time; and that he the Collector then produced an Account of his Fees for the said Ship Anne, which amounted to Fourteen Pounds Two Shillings and Six-pence; that he demanded immediate Payment of the additional Two Shillings and Six-pence, Carolina Currency, and declared that not one of the Ship's Papers should go out of the Office until the same was paid: That they attempted to expostulate upon this new Account, in order to shew certain Over-charges therein; but that the Collector would not hear them, but very wrathfully dismissed them, saying he would not lose his Time in Disputes: Which several Particulars will appear more at large in a Protest made by the said George Forten, John Hopton, and Henry Laurens, on the first of June, 1767, and is hereunto annexed. [ Vide No. 1] And the said Henry Laurens further saith, That notwithstanding the Behaviour of the said Daniel Moore, Esq as last abovementioned, so contrary to his Promises made to the Committee of Merchants, as well as to himself in particular; and notwithstanding his own Conviction, that the Collector had exacted Fees more than was due to him in that Case abovementioned, by inserting some Charges that were Fictions, as well as by a Duplicity of others; yet willing as much as in him lay, to preserve Harmony, and keep up a good Understanding with the Collector, and also to shew all possible Respect to one of his Majesty's Officers, in so high a Rank as the Collector of the Customs, he went on the Day following, (to wit, the 29th of May) to the Custom-House, and there addressed the Collector in respectful Terms, and desired to Remonstrate upon the Subject of the Charges abovementioned; that the Collector went towards his Desk as if he meant to examine into the said Complaint, but suddenly turned about, and in some Warmth, said it was an Holyday, that he was busy, and should be more so presently: Whereupon the Deponent answered, that he saw the Custom-House open, and therefore came in, not merely to ask a Favour, but to apply for Redress in a Matter wherein he thought himself aggrieved, and that he now requested the Collector to inform him whether he would grant him such Redress or not: The Collector then desired him to defer the Business until the Saturday Afternoon following, and then if the Deponent would attend him at the Custom-House, he would Retrospect the Account aforementioned: And the said Henry Laurens further saith, That having other Business to transact at the Custom-House, he went there on Saturday Morning, and that the Collector then told him he need not be at the Trouble of coming in the Afternoon according to Appointment, for he determined to return no Part of the Fees taken for clearing out the Ship Anne, and that he took that as an Opportunity to inform the Deponent; whereupon the said Henry Laurens thinking himself greatly injured, and oppressed by the said Collector, caused the Protest before referred to, to be extended on Behalf of himself and others, Owners of the said Ship Anne, (to wit, on the first of June, 1767). And the said Henry Laurens further saith, That some Days after the said Protest was made, Miles Brewton, Esq in the Presence of a great Number of principal Merchants in Charles-Town, declared unto the said Henry Laurens, that he was authorized by the Collector to inform him, that he had further considered the Fees taken on the Ship Anne, and was convinced that they were too high by Forty Shillings; which Forty Shillings Mr. Laurens might receive whenever he would call for it: To which the said Henry Laurens answered, that he thought the Fees were too high by Four Pounds Ten Shillings at least, but that he was not contending for Forty Shillings, but for Right and Justice to the whole Trade, and therein as he conceived, to the whole Province; nevertheless, as he always preferred moderate Measures, if Mr. Brewton would promise that the Collector would make Restitution to other People who were in like Manner aggrieved, and also forbear to exact more Fees than were due to him in future, he the Deponent should take no further Notice of what had happened between the Collector and himself; but Mr. Brewton would not engage so extensively, not being thereunto authorized by the Collector: And the said Henry Laurens declares, that he has never since received, nor hath any offer been made to him, either of the Forty Shillings, or any other Sum by way of Restitution, in the Case aforementioned. [Page 7] The said Deponent further declareth, That on or about the Twenty-ninth Day of May last, he went to the Custom-House in order to clear out his Schooner W [...]mbaw, for his Plantation in the River Alatamaha in Georgia, having Four hundred and fifty Bushels of Indian Corn on board, and to enter into Bond required for Non-enumerated Goods, declaring to the Collector, that his said Plantation was situated where there was no Port of Entry, nor any Custom-House within Forty Miles, or thereabouts; and that therefore he could not return a Certificate or other Documents strictly, according to Law: That the Collector upon that Representation, declined taking the Bond required for Non-enumerated Goods; and as the said Henry Laurens apprehended, he the Collector acquiesced, and was satisfied as to the Return of the Vessel without regular Clearances, from a Place where they could not possibly be obtained: And this Deponent further declares, That after his said Vessel sailed for Alatamaha aforesaid, he went to the same Place, where he found that the Master of the said Schooner had taken on board her about Fifty Thousand Cypress Shingles, without the Knowledge or Consent of the said Henry Laurens, partly for Ballast, (as the said Master hath declared upon Oath, there being neither Stones nor Sand proper for Ballast in that Part of the Country, the whole Face of the River being Marsh and Swamp Mud) and partly in hopes of paying a small Part of the very heavy Expences attending such a Voyage, undertaken solely for the Purpose of carrying Provisions to a new settled Plantation, in a wild and unpeopled Part of his Majesty's Colony of Georgia; that finding the Vessel had taken such Shingles on board, the Deponent in order to shew all possible Obedience to British Acts of Parliament, directed the Master of the said Schooner Wambaw, to apply to two of the nearest Magistrates, and to enter into Bond, with one sufficient Surety, to our Sovereign Lord the King, in a Penalty of double the Value of the said Shingles, conditioned for Delivery of the said Shingles, agreeable to an Act of Parliament, from an Apprehension, that Shingles was one of the Articles specified as Lumber in the Statute of the viii. of GEORGE I. Ch. 12, S. 2; and which Article of Shingles had always been deemed as Lumber in the Custom-House at Charles-Town; and for Want of better Information in that wild and remote Part of the World, where Acts of Parliament are not; and that two Magistrates, viz. John Polson, and Donald Mc Kay, Esqrs. did grant the said Master a Certificate, setting forth, That he had delivered the Corn beforementioned; that he had entered into Bond, and also that there was no Custom-House nor Officers within many Miles of the said Place: And the said Henry Laurens further saith, That after taking such Steps, which were the best that he could take in those Circumstances, he directed the said Master, with his Schooner, to return to Charles-Town, and gave Orders immediately, upon Arrival of the said Schooner, to enter her at the Custom-House, and Report the said Fifty Thousand Shingles, the whole net Value of which was not above Six Pounds Sterling, when Cost and Charges were paid. And the Deponent further saith, That notwithstanding the said Collector had declined to take a Bond from him for Non-enumerated Goods on board the said Schooner Wambaw, at her Departure from Charles-Town, which tended to mislead and insnare the said Henry Laurens; and even to endanger his Schooner to Seizure, before and after her Departure from Charles-Town: That notwithstanding the Declaration made by the Deponent, that there was no Custom-House nor Officers at the Port or Place to which his Schooner was bound, and from whence she was to return; which FACT the Collector has admitted and acknowledged upon Oath, in the Court of Vice-Admiralty: And also notwithstanding the fair, candid, and open Procedure of the said Henry Laurens, and his Endeavours to comply with the Modes and Forms of Law, as far as the Nature of the Case would admit of; and that no Fraud or illicit Trade had been carried on or attempted by the said Schooner Wambaw, yet the said Collector refused to admit the said Schooner to an Entry, unless two particular Friends of the said Henry Laurens, (in his Absence) should go to the Custom-House, and there in Person, ask it as a great Favour; which Fact is well attested upon Record in the Court of Vice-Admiralty: And finally, because the said Persons declined or omitted to ask such Favour in the Way and Manner that he required, he gave Orders and caused the said Schooner Wambaw to be seized and libeled in the Court of Vice-Admiralty, where the said Schooner Wambaw hath since been condemned as forfeited.
[Page 8]AND the said Henry Laurens declareth, that on or about the Seventeenth of June last, he went to the Custom-House with Peter Bachop, Master of another Schooner belonging to the Deponent, called the Broughton-Island Packet, in order to clear out the said Schooner for the same Plantation, with Provisions, Bricks, and a few other Necessaries for the Use of his said Plantation, exactly in the same Circumstances as the last mentioned Schooner Wambaw; and that the same Master tendered a Manifest, setting forth the Provision and other Articles on board, and that the Vessel was bound to Broughton-Island in the River Alatamaha, where there was no Port of Entry, or Custom-House, and from whence no Certificate could be returned. That the said Daniel Moore took up the Manifest, and without Preface or Reason assigned, insulted him the Deponent, alledging, that he could make his Plantation to be in Georgia or South-Carolina, as it should suit best his Purpose: The Deponent conscious of the Injustice of such a Charge, inasmuch as the Locality of the said Plantation had been declared upon Oath before the Collector, at clearing out the Schooner Wambaw Twenty-one Days before; replied in general, that he knew where he was, in the King's Custom-House; that he paid all Obedience to his Majesty, and due Respect to his Officers; but as to the Collector, as Mr. Moore, he heartily despised him, and that he had heard his Fame Twenty-five Years ago; that if he had presumed so to insult the Deponent in any other Place, he should have given him another, or proper Answer; that the Custom-House was not a Place for Quarrels, and therefore prayed that his Business might be dispatched, and he permitted to retire: But the Collector continued indiscreetly to Wrangle and Clamour at the Deponent, and at length called the Deponent aside in the Custom-House, and there gave him a formal Challenge, to fight at some Place in the Province of Georgia, which the Collector promised to appoint, and give him Notice of in writing; but the Deponent doth not charge the Collector with having sent him such Notice, as he never did receive any such.
AND this Deponent further saith, That after the said Schooner was cleared out, she proceeded to the said Plantation, and there delivered the Cargo before-mentioned; then took Ballast of Wood on board for want of Sand or Stones as aforesaid, and returned to Charles-Town immediately, where he applied to enter the said Vessel by Manifest, declaring that she was in Ballast only, having no Goods on board for Sale or Merchandize, and that she came from a Place where there was no Port of Entry, nor Custom-House Officers within many Miles; but the Collector refused to admit the Vessel, caused her to be seized, and libeled in the Court of Vice-Admiralty, in which Court the said Vessel has been acquitted, and Costs decreed against the Prosecutor: Yet nevertheless, the Deponent hath been put to very great Charges, Trouble, and loss of Time thereby. And lastly, this Deponent declareth, That he paid to the Collector Fees for clearing out the Schooner Wambaw, Three Pounds Fifteen Shillings; and for clearing out the Schooner Broughton-Island Packet, Five Pounds Twelve Shillings and Six-pence, making a Difference of One Pound Seventeen Shillings and Six-pence in so small a Sum, and that there was no Difference in the Circumstances of the two Vessels, or in their respective Documents, save only, a Pond for Non-enumerated Goods, which was taken in the latter, and not in the former Case.
SIGNED and sworn to before me, the Day and Year before written, being one of His Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall, or may Concern, That on this Twenty-third Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY came and appeared John Edwards, of Charles-Town, Merchant, and who hath been Resident there for FIFTEEN YEARS last past, who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath and declares, That on or about the Eleventh Day of June last past, he applied at the Custom-House for five Certificates for bondable Goods landed in Charles-Town from Great-Britain; that in Consequence thereof, after comparing the Marks and Numbers of the Packages of the said Goods, the Certificates were made out, and signed by Daniel Moore, Esq the Collector, and delivered to the Deputy-Comptroller, to be signed by him: The Deponent then asked the Collector what was the Charge for said Certificates, and was referred by him to his Clerk. The Clerk informed him Ten Shillings each Certificate, which the Deponent was proceeding to pay, but the Clerk added, that he must also pay for searching the Cockets; to which the Deponent replied, that he imagined he the Clerk had no right to make him pay for that; whereupon the Collector, Daniel Moore, Esq without saying one Word, came in a Passion from a distant Part of the Room, took up the five Certificates, tore them in Pieces, and told the Deponent that he should go and procure a Certificate from the Searchers before he would grant him any Certificates, and that he might seek his Remedy where he pleased. The said John Edwards further saith, That on the Twelfth Day of June last past, he went to the Custom-House to clear the Ship Fair American, John Minshall, Master, for Liverpool; that the Collector observing one Pipe of Wine inserted in the Manifest; he asked if the King's Duty was paid for it, and was answered that it was imported by Messrs. Brailsford and Chapman, of Charles-Town, Merchants, and the Duty secured; which was confirmed by Mr. Hatley, the Collector's Clerk, who assured him, more than once, that the Duty was secured; nevertheless, the Collector (merely as the Deponent believes, to impede his Business and to put him to Trouble) refused to clear the Ship before Messrs. Brailsford and Chapman were sent for to pay the said Duty. Whereupon Mr. Edward Blake, a Merchant in Charles-Town, being present, went to call the said Brailsford and Chapman, or one of them; and Mr. Chapman came, and complained that the Collector so much doubted their Credit, as to refuse clearing a Ship on Account of the Duty upon a single Pipe of Wine, when the Duty of the whole Cargo, and of which that was Part, was secured by their Note; and added, that he had brought Money with him to pay the said Note:—That the Collector denied that he had refused to clear the Ship on that Account.—The Fact being so plain, the Deponent, and the said Master, John Minshall, being detained upon that Account only, and the Deponent's Veracity questioned; he the Deponent did modestly assure the Collector, that he had said, the Ship should not be cleared before the Money was paid; to which the Collector hastily answered, "it is false." The Deponent then endeavoured to exculpate himself, by repeating the Collector's own Words, spoke in Presence of so many People as were then in the Custom-House; but the Collector interrupted, and threatened to turn him down Stairs out of the Custom-House; which the Deponent conceiving to be grievous and injurious Treatment to one of his Majesty's Subjects, who had always demeaned himself becomingly to all his Majesty's Officers; and also a great Impediment and Hinderance to Commerce, as well as a Discouragement to his Majesty's dutiful Subjects, British Merchants residing in America, did presume to Reply, That while he had Business to do in Office Hours, he had a good Right to be in the Custom-House, and that if the Collector turned him out, it must be at his own Peril. [ To Coroborate the preceding Paragraph, Vide the following Affidavit of John Chapman.]
AND this Deponent, John Edwards, further declares, That being so unkindly and unjustly treated by the Collector, as is before set forth, he did not attend minutely to the Sum paid by him to the Collector for clearing out the Ship Fair American; but he declareth, That on or about the Twentieth of May last past, he cleared out the new Ship Liberty, John Lesley, Master, for Bristol, and the Collector himself demanded of him Fourteen Pounds for his Fees; but upon the Deponent's desiring him to reconsider it, the Collector after whispering to his [Page 10] Clerk, replied Eight Pounds; which Sum the Deponent paid: The Deponent saith, that he knows of no Difference between that Ship's Circumstances and those of other Ships as to her Documents from the Custom-House, save only, that she was not entered Inward, being a new Ship, which might make a Difference of Two Pounds Ten Shillings, and no more, to the best of his Knowledge; and further, that from the Practices of the said Collector, ever since he has acted in that Office, he doth in his Conscience verily believe, that if he had paid him the first Sum of Fourteen Pounds demanded, that the Collector would not have returned him any Part thereof.
SIGNED and sworn to before me, the Day and Year before written, being one of his Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall, or may Concern, That on this Twenty-third Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY came and appeared John Chapman, one of the Co-partners under the Firm of Brailsford and Chapman, of Charles-Town, Merchants; and one of the Committee of the Merchants, and others, Traders in the same Place; who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath and declares, That he was present at the Custom-House, and heard the Altercation and indecent Language, as set forth by John Edwards in the preceding Declaration, (Paragraph the second) from the Time that he this Deponent is said to have gone to the Custom-House, in the said Declaration, and till that therein mentioned Altercation ceased.
SIGNED and sworn to before me, the Day and Year above written, being one of His Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
[Vide the second Paragraph of the preceding Affidavit, made by John Edwards, which the above Coroborates.]
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall, or may Concern, That on this Twenty-fifth Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY came and appeared Henry Todd, Merchant in Charles-Town, and Agent for the Owners of the Sloop Henry, of Bermuda, declareth, That on or about the Second of June last, he cleared out the said Sloop Henry, and paid to the Collector, Daniel Moore, Esq for his Fees Fourteen Pounds Five Shillings; in which are divers Charges, some so general, that he cannot understand them; and others which he conceives to be nominal, fictitious, and contrary to Law, particularly for recording Seamen, which [Page 11] he hath been well informed the Collector hath no Right to charge, by any Act of Parliament, or Precedent from the late Collector, Hector Berenger De Beaufain, Esq and more particularly, a Certificate that Bond for Non-enumerated Goods was given; which Certificate by an Act of the IVth of his present Majesty, entitled, An Act for granting certain Duties in the British Colonies and Plantations in America, &c. is expressly required to be given without Fee or Reward. This Deponent further saith, That being almost a Stranger, and not long acquainted with such Business, he could not take upon him with any Assurance of Success, to controvert the abovesaid Charge with the Collector, although he had good Reason to believe that he was aggrieved; but that as he was afterwards complaining to some of his Acquaintance of the great Difference in the Charges at the Custom-House since Daniel Moore, Esq presided there as Collector, he discovered that the Sloop Elizabeth, James Gillchrist, Master, had been cleared out since the Sloop Henry, and that he paid the Collector only Ten Pounds Fees, although the Circumstances of Cargo, and loading the said two Sloops were alike, or nearly alike: For the Truth of which, he refers to a regular Protest, or Affidavit made by the said Gillchrist, in which the said Gillchrist likewise shews, that the Collector had exacted more Fees from him than were due. [Vide Protest or Affidavit, No. 2.]
SIGNED and sworn to before me, the Day and Year before written, being one of His Majesty's Justices, assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall, or may Concern, That on this Twenty-fifth Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY appeared George Smith, of Charles-Town, Merchant, who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath and declares, That he hath been in Trade upwards of SEVENTEEN YEARS, on his own Account, during which Time he has loaded and cleared upwards of Forty Vessels with Cargoes for Great-Britain and America; and that he hath observed of late, since Daniel Moore, Esq has acted as Collector in the Custom-House, that the Fees paid to him for entering and clearing of Vessels are greatly enhanced beyond the Fees formerly paid to Hector Berenger De Beaufain, Esq the late Collector; and particularly, that on the Thirtieth of April, 1767, the Collector demanded of him Twelve Pounds Currency, for clearing out the Brigantine Thomas, John Banfield, Master; to which Sum this Deponent objected, as being too high; and he finds on examining his Books, that he cleared out a Brigantine called the Roach, commanded by the said John Banfield, of and about the same burthen as the Thomas, viz. in May, 1764, nearly in the same Circumstances, when he paid only Eight Pounds; and if there was any Difference, such Difference was only of one Bond, (to wit) the R [...]ach was bonded for enumerated Commodities, but none for Lumber or Non-enumerated Goods; and for the Brigantine Thomas, Bond had been given for Lumber and Non-enumerated Goods but no Bond for enumerated Goods; but to the best of his Remembrance and Belief, only the Lumber Bond was given; which Difference, (if any) of one Bond he apprehends could not possibly Advance the Fees Fifty per Cent. After the said George Smith, this Deponent, (and who is Deaf and did not distinctly hear the Words of the Collector) had gone from the Custom-House, the said Captain [Page 12] Banfield told him, that Mr. Moore, the Collector, replied, on the said Deponent's objecting to the Fees, if you don't chuse to pay that Sum, you may leave your Papers. This Deponent therefore, to avoid the manifest Losses and Hardships that must have attended the Delay of a loaded Vessel at that Season of the Year, when the Worms distroy Ship's Bottoms every Hour, the said George Smith submitted, and paid the said Sum of Twelve Pounds to the Collector, thinking himself greatly aggrieved thereby at the same Time.
SIGNED and sworn to before me, the Day and Year before written, being one of His Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
[Vide the following Affidavit of Mr. Dewar.]
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall, or may Concern, That on this Twenty-fifth Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY came and appeared Charles Dewar, of Charles-Town, Merchant, and Resident in the said Town upwards of TWENTY-EIGHT YEARS; and who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath and declares, That he was present in the Custom-House, and heard Mr. George Smith complain of the Collector's Fees demanded for the said Brigantine Thomas, as set forth by him in the preceding Affidavit; and also heard the Collector answer, that he must either pay the Fees demanded, or leave the Vessel's Papers; and that he then saw Mr. George Smith pay the said Sum of Twelve Pounds, as he supposes, because the Collector was satisfied.
SIGNED and sworn to before me, the Day and Year above written, being one of His Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
[ To Coroborate the preceding Affidavit of Mr. George Smith.]
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall or may Concern, That on this Twenty-fifth Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY came and appeared John Logan, a British Merchant, residing in Charles-Town, and who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath and declares, That he hath been in Trade for NINE YEARS past, loaded many Vessels, and hath imported and exported Goods, Wares, and Merchandizes, lawfully, to a very considerable Amount: The said John Logan saith, That on or about the Sixth of June last, himself and Robert Cleiland went to clear out the Ship Nelson, of London, [Page 13] of which the said Robert Cleiland was Master, for Grenada; which Ship had been loaded on Account of Messrs. Nelson & Burnet, Sir George Colebrook, and Archibald Stewart, Esq Owners of the said Ship; and that the Collector did then demand and take for clearing out the said Vessel, the Sum of Fourteen Pounds Ten Shillings, as doth appear by the Captain's Protest, and the Collector's Bill thereon, which are hereunto annexed; which Sum the said John Logan believing to be exorbitant, and being convinced thereof in his own Mind from Comparison of former numerous Instances, of clearing out Ships in similar Circumstances, he applied to Daniel Moore, Esq Collector, desiring him to reconsider the said Charge of Fees; but receiving no satisfactory Answer, he the Deponent added, that he should be obliged to seek elsewhere for Redress; to which the Collector replied, that he might seek where he would for Redress; that he would not return the Deponent one Farthing of the said Sum of Fourteen Pounds Ten Shillings. And the said Deponent thinking it a Duty incumbent upon him, as well toward the Public, as to the Owners of the said Ship Nelson, to seek for Redress under such Oppression; he took Council, and was advised to inform against the said Daniel Moore, Esq and to prosecute him for Extortion, at the next Court of General Sessions, to be holden in Charles-Town, the third Monday in October next: And the Deponent saith, That in Consequence of that Advice, he did lodge an Information with the Clerk of the Crown, and one of the Assistant Judges of the said Court, and was himself bound, with two sufficient Sureties, in a Recognizance to prosecute the Collector at the said Court as aforesaid; and that he was then given to understand by Dougal Campbell, Esq Clerk of the Crown, that the said Daniel Moore was likewise to be bound over, to be and appear at the said Court of Sessions, to answer to the Information and Complaint aforesaid.
AND the Deponent further saith, That within Fourteen Days last past, hearing that Daniel Moore, Esq had suddenly disappeared, and that it was supposed he had gone privately out of the Province, he applied to the said Dougal Campbell, Esq Clerk of the Crown and Pleas, to know if proper Security had been taken for the said Collector's Appearance at the Court as aforesaid; but he was referred by him to the Honourable Robert Pringle, Esq one of the Assistant Judges in this Province, who had granted the Warrant against the Collector when the Information or Complaint was first made. The Deponent then applied to the said Robert Pringle, Esq and was informed by him, that the Collector had behaved very dishonorably in that Affair, having made several Promises verbally, and in writing, to call upon him, in order to enter into a proper Recognizance for his Appearance; that believing the said Collector to be a Gentleman, and a Man of Honor, he had too long relied upon his Promises, for that he found the said Collector had only intended to deceive him, and that therefore he the said Assistant Judge, had issued a Warrant to apprehend and take the Body of the said Collector; but that he could not yet be found: The Deponent further saith, That the said Robert Pringle, Esq promised to give him a true State of the Case in writing; which when the Deponent receives, it shall be hereunto annexed.—[Vide Affidavit or Protest, No. 3, of Robert Pringle, Esq and Declaration, No. 8, of Captain Cleiland.]
SIGNED and sworn to before me, the Day and Year before written, being one of His Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall, or may Concern, That on this Twenty-third Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY appeared Edward Simons, a British Merchant and Factor, residing in Charles-Town, who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath and declares, That having sold to Captain James White, Twenty Barrels of Pitch, to load on board of his Ship called the Ajax, bound to Pool, in Great-Britain; the said Captain White came to him on or about the Ninth Day of May last past, and informed him, that Daniel Moore, Esq then Collector of the Customs, had refused to grant him a Certificate for receiving the Bounty on said Pitch and other Parcels, until the several Persons from whom he had bought it should come before him and make Oath, that the said Pitch was of the Produce of South-Carolina; that he the said Deponent being conscious that this Demand of the Collector's was very uncustomary; and believing also, that it was not authorized by Act of Parliament, hesitated at submitting to the Imposition of an unnecessary Oath; but Captain White urging and pressing him with Arguments, that he should loose either the Bounty upon his Pitch, or a fine Opportunity of sailing, if he was detained to contend with the Collector; he the Deponent went with Captain White to the Custom-House, where the Collector did actually administer an Oath to him, that the said Twenty Barrels of Pitch was of the Produce of South-Carolina, to the best of his Knowledge: And further, that this Deponent saith, That when he was going out of the Custom-House, he heard the said Captain James White ask what was to pay? and also heard the Collector himself reply, so much for each Oath; which Sum to the best of his Knowledge and Remembrance was Seven Shillings and Six-pence Currency for each Oath.
SIGNED and sworn to before me, the Day and Year before written, being one of His Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
BE IT KNOWN AND MANIFEST to all whom this doth, shall, or may Concern, That on this Twenty-fourth Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY came and appeared Alexander Chovin, Merchant and Factor, residing in Charles-Town, who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath and declares, That having sold Captain James White, Master of the Ship Ajax, Forty-two Barrels of Pitch, which he the said Captain White had put on board his Ship bound to and for Pool; the said White came to this Deponent, on or about the Ninth Day of May last past; and after making the same Complaint of the Collector, and using much the same Arguments to prevail upon him, as are set forth in the preceding Declaration by Edward Simons; he this Deponent also went to the Custom-House, and there, and in order to serve the said Captain White, submitted to an Oath before the Collector, that the said Pitch was, to the best of his Knowledge, of the Produce of this Province of South-Carolina; which Oath, though true, the Deponent knew was illegally imposed upon him by the Collector.
SIGNED and sworn to before me, the Day and Year above written, being one of His Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall, or may Concern, That on this Twenty-fifth Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY appeared Thomas Beswicke, Master of the small Schooner Tryton, burthen about — Tons, who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath and declares, That on or about the Twenty-second Day of May, One Thousand Seven Hundred and Sixty-seven, the Collector granted him a Permit to pass the Fort to Ashepoo, this Province, in his said Schooner, as appears by the said Permit hereunto annexed, signed by Daniel Moore, Esq the said Collector. [ Vide Voucher No. 4.] That he this Deponent asked what Fee was to be paid for it, and the Collector's Clerk replied, Thirty Shillings; but that William Henry Drayton, Esq Owner of the said Schooner, then standing by, interposed, and engaged to pay whatever the Demand might be; therefore the Deponent knows not what was done afterwards.
SIGNED and sworn to before me, the Day and Year before written, being one of his Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
The above Certificate is not signed, or sworn to, because Thomas Beswicke, as the Time it was drawn out ready, was very sick; and that for the Benefit of his Health, he is since gone to Ponpon, and his Return uncertain; but the Matter is confirmed by Voucher, No. 4, accompanying the others of a similar Nature, and herewith sent.
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall, or may Concern, That on this Twenty-third Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY appeared Thomas Legare, of Charles-Town, Factor, and Agent to David Graeme, Esq Owner of a small Schooner called the Liberty, then under the Care of this Deponent, and who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath and declares, That fearing some Damage or Inconvenience might happen to his Constituent if he suffered his Schooner, though in Ballast, to go to Ponpon, to bring down a Load of Rice from the Plantations in that Neighbourhood, at a Time when the Collector was threatning to Seize all the Schooners; he sent Henry Ballingall, Master of the said Schooner to the Custom-House, to enquire what was to be done, who being returned, informed this Deponent, that the Collector would grant him a Permit to pass Fort Johnson to Ponpon upon paying of Thirty Shillings Currency; which Sum the Deponent gave him for that Purpose: The said Master, Henry Ballingall, went again to the Custom-House, but soon returned again, and asked for Ten Shillings more, which he said the Deputy-Comptroller had demanded for signing the same Permit, which the Deponent gave him the said Captain, and he returned to the Custom-House, and soon after produced a Permit, dated the Twenty-second Day of May, One Thousand Seven Hundred and Sixty-seven, for the said Schooner to pass Fort Johnson, signed by Daniel Moore, Collector, and William Massey, pro Comptroller; the original Certificate is hereunto annexed, and [Page 16] the Deponent refers thereunto; ( Vide No. 5) and adds, that Necessity obliged him to submit to a Demand made by the Collector, which he thought and believes was illegal and irregular.
SIGNED and sworn to before me, the Day and Year before written, being one of His Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall, or may Concern, that on this Twenty-third Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY appeared Aaron Loocock, a British Merchant, who hath resided in Charles-Town TWELVE YEARS, in which Time he hath imported and exported to a very considerable Amount, and who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath and declares, That on the Eighthteenth Day of April last past, he applied for, and obtained a Certificate for a Quantity of Hemp, amounting to 18,000 lb. Weight, at the Custom-House, in order to prove that the said Hemp was of the Growth and Produce of his Majesty's Plantations in America, and thereby to obtain the Bounty granted in an Act of Parliament passed in the Fourth Year of his Majesty's Reign, intitled, " An Act for granting a Bounty upon Hemp and rough and undressed Flax from his Majesty's Colonies in America;" for which Certificate Daniel Moore, Esq Collector of the Customs, demanded One Pound Current Money, which Sum the said Aaron Loocock paid him, although he was of Opinion that the Demand was contrary to the true Intent and Meaning of a subsequent Clause in the said Act.
THAT he paid it because he feared greater Evils in Case of Refusal; and that he would have endeavoured to obtain Redress from such a Grievance to him, and abuse of the said Act, if he knew by what Means to have proceeded.
SIGNED and sworn to before me, the Day and Year before written, being one of his Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall, or may Concern, That on this Twenty-second Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY appeared Peter Mazyck, a British Merchant in Charles-Town, who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath and declares, That he was by Chance present at the Custom-House, and heard the Demand made upon Mr. Aaron Loocock, as mentioned in his, the preceding Declaration; and that this Deponent saw him pay the Fee of One Pound Currency, as is therein expressed.
SIGNED and sworn to before me, the Day and Year above written, being one of His Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall, or may Concern, That on this Nineteenth Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY came and appeared John Wragg, of Charles-Town, Esq who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath and declares, That he is no otherwise concerned in Trade or Commerce, than is immediately relative to the Support and Produce of his own Plantations, and that he keeps a small Schooner of about fifteen Tons burthen, chiefly to carry necessary Articles for the Use of, and to bring down the Produce or Crops from his said Plantations: That some Time about the Fourteenth Day of May last past, having Occasion to send Four Thousand Bricks to one of his Plantations at Coosawhatchee, he applied to Daniel Moore, Esq the Collector, for Permission for his Schooner to go to the said Plantation, when the Collector informed the Deponent that he was about agreeing with Mr. Savage and Mr. Laurens on the Behalf of the Owners of decked Boats, for giving a Sufferance for Six Months for the Coasting Trade; this Deponent told him that whatever was agreed to by them, he would comply with; at the same Time asked the Collector what Fee he intended to take? to which the Collector said, that he would not sign his Name thereto under an English Guinea. Some Time after, and on the Twenty-ninth Day of May, One Thousand Seven Hundred and Sixty-seven, this Deponent again applied to the Collector for a Sufferance for Six Months; he told him that he granted none: This Deponent told him that he wanted to send his Boat to his Plantation for Boards and Firewood; the Collector then said, that he must clear her out, and get a Pass, and asked for the Register, which he produced to him; he took Notice that it was an old one: This Deponent observed to him, that his Name was John, and that the Register was in the Name of his Father, Joseph Wragg, deceased: He said that would not do, but that this Deponent must take out a new Register; this Deponent told the Collector, THAT he could not do, having only his own Negroes in the Boat; the Collector replied, that did not signify, that he might have any Name put into the Register; to which the Deponent told him, that he would not swear to a supposed Name; but however, when the Crop came in, and that he should have a white Patroon, he would then take out a new Register, if he found it was necessary: Upon which he gave the Deponent a Pass, in the Name of (Jemmy) his Negro Slave Patroon, and demanded a Dollar; the Deponent asked if Thirty Shillings would not do: However, he took Fifteen Shillings Currency for his Fee; and to William Massey, for the Comptroller, the Deponent paid Five Shillings; which is all that passed with the Collector and this Deponent.
SIGNED and sworn to before me, the Day and Year before written, being one of His Majesty's Justices, assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
[Vide Voucher No. 6.]
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall, or may Concern, That on this Twenty-third Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY appeared Philotheos Chiffelle, British Merchant, residing in Charles-Town, and lately entered into Trade upon his own Account, and who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath and declares, That he shipped on board the Ship Union, William Coombes, Master, for London, Ten Thousand Weight of Plantation made Hemp: That on the Third of July last he applied at the Custom-House for a Certificate, and obtained one: That he actually paid Fifteen Shillings to the Collector's Clerk, for the said Certificate, at the Custom-House; but that he does not Remember that the said Sum was demanded.
SIGNED and sworn to before me, the Day and Year before written, being one of His Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall, or may Concern, That on this Twenty-third Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY appeared Paul Townsend, British Merchant, residing in Charles-Town, who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath and declares, That he hath been in Trade, and an importer and exporter of Goods at Charles-Town, for ELEVEN YEARS last past, on his own Account: And this Deponent further declares, that having shipped about Seven Thousand Weight of Carolina Hemp, on board the Ship Ud [...]y, Henry Clark, Master, for London; he did, on or about the Fourth of April last, apply at the Custom-House for a Certificate, and obtained one, signed by Daniel Moore, Esq the Collector, in order to avail himself of the Bounty granted by the Parliament of Great-Britain on Hemp; for which Certificate the Collector's Clerk demanded Twenty Shillings Currency; which Sum of Twenty Shillings the Deponent thereupon paid, and came away from the Custom-House. And the Deponent hath since been informed, that the Collector had no Right to make him pay such, or any other Fee, for a Hemp Certificate.
SIGNED and sworn to before me, the Day and Year before written, being one of His Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall or may Concern, That on this Twenty-fourth Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY appeared Christopher Simpson, British Merchant, residing in Charles-Town, where he hath dwelt FOUR YEARS, and being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath and declares, That on the Second Day of July last past, having shipped on board the Carolina Packet, William White, Master, for London, One Thousand Eight Hundred and Fifty-four Pounds Weight of Plantation made Hemp; he did apply to the Collector, Daniel Moore, Esq for a Certificate, in order to avail himself of the Bounty granted by Parliament, and obtained one; for which Certificate, the Collector's Clerk, in the Collector's Presence, demanded Twenty Shillings, which Sum of Twenty Shillings, he the Deponent did then pay, in Presence of the said Collector.
SIGNED and sworn to before me, the Day and Year above written, being one of His Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall, or may Concern, That on this Twenty-fourth Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY appeared John Ward, British Merchant, in Charles-Town, where he hath resided FOURTEEN YEARS past, during which Time he hath imported and exported divers Goods, Wares and Merchandizes, and paid Duties to his Majesty to a very considerable Amount, declareth, That on the Sixteenth Day of April last, in Office Hours, about Eleven o'Clock in the Forenoon, having shipped a Parcel of Carolina made Indico, on board the Ship Minerva, John Barnes, Master, for London; he applied at the Custom-House for a Certificate, in order to obtain the Bounty granted by Parliament upon Plantation Indico; that a Certificate was made out, signed and sealed by Daniel Moore, Esq and delivered to him, for which a Fee of Ten Shillings Currency was demanded by the Collector's Clerk, in the Collector's Presence; and that this Deponent did accordingly pay the said Sum TO THE COLLECTOR HIMSELF: That the said Ship Minerva was cleared out that very Morning, as appears by the Custom-House Books; but whether before or after he had obtained the Certificate, this Deponent cannot possibly aver, but believes she was cleared out after; or that the Transactions might be said to be both at the same Time; and that the Officers were put to no extraordinary Duty to grant him the said Certificate. The Deponent declares, That believing and knowing that demanding and taking the said Fee from him was injurious and contrary to Law; he had fully determined to lodge an Information, in order to prosecute the said Daniel Moore, Esq in the Court of Vice-Admiralty, in this Province; but that he was discouraged by a late Decree in that Court, and fearful that a negative Oath might operate [Page 20] against, and nullify his Oath, made to the best of his Knowledge and Remembrance, and with strong probable Circumstances in Favour thereof; and that in Consequence of his failing in full Proof, he should be made liable to pay Costs.
SIGNED and sworn to before me, the Day and Year before written, being one of His Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
[Vide Voucher, No. 7.]
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall, or may Concern, That on this Twenty-third Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY appeared John Champneys, a British Merchant, and Factor in Charles-Town, who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath and declares, That on or about the Fifteenth Day of May last, he applied at the Custom-House in Charles-Town, for a Certificate in order to intitle him to the Bounty on Plantation made Indico, which he had shipped on board the Ship Liberty, Captain Lesley, bound for Bristol; which Ship was not then cleared out, and did not clear out until the Twentieth Day of the same Month, as appears by Certificates hereunto annexed; [Vide Voucher, No. 7] and that Daniel Moore, Esq Collector of the Customs, granted him such Certificate; and then the Collector's Clerk, as the Deponent was going out of the Custom-House, called and demanded Ten Shillings, as a Fee for the same, to him the said Collector, which the Deponent paid; but believing, and being well advised that the Demand and taking such Fee was Injurious to him the said Deponent, inasmuch as it was contrary to Law; he the said Deponent was determined, as well to prevent such Impositions in future, as to obtain Redress to himself, to have lodged an Information, in order to carry on a Prosecution against the said Daniel Moore, Esq but that the said Daniel Moore, Esq having suddenly gone out of this Province, or having concealed himself, so as not to be found in it, he is thereby hindered and prevented from lodging such Information, and therefore the Deponent saith, That he thinks it his Duty to make this publick Declaration of the Facts above set forth.
SIGNED and sworn to before me, the Day and Year before written, being one of His Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
BE IT KNOWN AND MANIFEST to all Persons whom this doth, shall, or may Concern, That on this Twenty-second Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, PERSONALLY came and appeared Gabriel Manigault, Robert Pringle, William Hopton, Benjamin Smith, Thomas Smith, and John Savage, British Merchants, who have resided in Charles-Town upwards of THIRTY YEARS, and who being duly sworn upon the Holy Evangelists of Almighty God, made Oath and declared, That they very well remember and were acquainted with Thomas Gadsden, Esq formerly Collector of his Majesty's Customs in Charles-Town, in South-Carolina; and also that they intimately knew, and were acquainted with Hector Berenger De Beaufain, Esq late Collector of the same Customs; and that they have seen and carefully examined a List of Fees in the Hand writing of Robert Raper, Esq Naval-Officer, but formerly Clerk in the Custom-House, to the said Thomas Gadsden, Esq and endorsed on the Back in the Hand writing of the said Thomas Gadsden, (to wit.) "Collector of Charles-Town Fees in Proclamation Money, 1739-40▪" which Fees are set down as follows, Viz.
ENTERING and CLEARING | Proclamation Money. | |
A Ship, Snow, or Brigantine, | One Pound, | £ 1 0 0 |
A Sloop or Schooner, | Fourteen Shillings, | 0 14 0 |
Eeach Oath, | One Shilling, | 0 1 0 |
An attested Copy of a Manifest, | One Shilling, | 0 1 0 |
Every Entry, | One Shilling and Six-pence, | 0 1 6 |
Recording a Register, | Four Shillings, | 0 4 0 |
A new Register, | One Pound, | 1 0 0 |
A Post Entry, | Four Shillings, | 0 4 0 |
Registering Seamen, | Each Six-pence, | 0 0 6 |
Searching the Books, | One Shilling, | 0 1 0 |
A Bill of Store, | Two Shillings, | 0 2 0 |
A Certificate for Pitch, Tar, or Turpentine, | Three Shillings, | 0 3 0 |
Every other Certificate, | Two Shillings, | 0 2 0 |
Approving Bondsmen in the Naval-Office, and giving Permit to Load, | Four Shillings, | |
Cancelling Bond, | Two Shillings, | 0 6 0 |
Entering the Licence and Certificate, | Six Shillings, | 0 6 0 |
Entering the Invoices of Rice, | Eight Shillings, | 0 8 0 |
A Cocket, | Two Shillings, | 0 2 0 |
A Bill of Health, | Two Shillings, | 0 2 0 |
A Certificate, | Two Shillings, | 0 2 0 |
⁂ Note, One Shilling Proclamation Money, is equal to Five Shillings Currency.
AND that during the Time that the said Thomas Gadsden was Collector, they are well assured, his own Fees for clearing out a Ship to Great-Britain, or any other of the British Dominions, taking them in Average, or one with another, did not exceed the Sum of EIGHT POUNDS TEN SHILLINGS, Current Money; although they certainly know that he did receive Fees for registering Seamen, which appears to have been designed and intended by the Act of the xixth of GEORGE II. Chap. 30, Sec. 3 and 4, to be confined only to his Majesty's Sugar Colonies; and, that therefore, upon Discovery of the Error, that Charge was discontinued for near Eleven Years, until the Resignation of the Collectorship, by the said Hector Berenger De Beaufain, Esq. And further the Deponents declare, That during the Time that he the said Thomas Gadsden was Collector, there was great Harmony and Concord between him and the Merchants in Charles-Town; although to the best of their Knowledge and Belief, he the said Collector did not relax from his Duty as Collector; nor did he trouble and vex the Merchants with petit mean Demands of illegal Fees, or frivolous and treacherous Seizures on one Side; nor did the Merchants in general, Transgress any of the known Acts of Parliament, or give him Cause to make Seizures, and interrupt their Trade and Commerce on [Page 22] other. And these Deponents also declare, with Regard to their Knowledge of Hector Berenger De Beaufain, Esq and the Fees that he was wont to take as Collector, for entering and clearing Vessels at this Port; that during the Course of upwards of Twenty Years, in which he presided in the Custom-House, he was beloved by every Body, and particularly by the Merchants in general, for his upright and steady Conduct; and that they can truly bear the same Testimony of him, as they have already declared of his Predecessor in Office, Thomas Godsden, Esq and that they have examined a List of Fees in his own Hand writing, and find them to be exactly as followeth: "Copy of a Table of Fees, which the present Collector found affixed in the Custom House at Charles-Town, when he entered upon the Execution of his Office."
Proclamation Money. | ||
Entering and Clearing | A Ship, Snow, or Brigantine, | £ 1 0 0 |
A Sloop or Schooner, | 0 14 0 | |
Recording a Register, | 0 4 0 | |
Each Oath, | 0 1 0 | |
An attested Copy of a Manifest, | 0 1 0 | |
Every Entry of Goods, | 0 1 6 | |
Each Bond, | 0 6 0 | |
A Certificate, for Pitch, Tar, or Turpentine, | 0 3 0 | |
Every other Certificate, | 0 2 0 | |
A Post Entry, | 0 4 0 | |
Each Cocket, | 0 2 0 | |
Copying Invoices of Rice, each | 0 8 0 | |
A Bill of Health, | 0 2 0 | |
Registering Seamen, each | 0 0 6 | |
A new Register, | 1 0 0 | |
Registering a Licence and Certificate, for Ships bound to foreign Markets, | 0 6 0 | |
Searching the Books or Cockets, | 0 1 0 |
AND these Deponents further declare, That they have examined a certain Book, kept by the said Hector Berenger De Beaufain, Esq put into their Hands by David Rhind, Esq Executor of his last Will and Testament; and that they have there seen, that for clearing Ships, Snows, and Brigantines, from the Fifteenth of May, One Thousand Seven Hundred and Forty-seven, to the Twenty-eighth Day of December, One Thousand Seven Hundred and Sixty-four, to any of the British Dominions, (entry Inwards included) one with another, did not exceed Eight Pounds Six Shillings and Nine-pence; Sloops and Schooners Six Pounds Twelve Shillings and Seven-pence, and for Ships, Brigantines and Snows, bound to Europe, Southward of Cape Finestere, Eleven Pounds Nine Shillings and Eight-pence, Current Money, for the said Collector's Fees; that in the Margin of the said Book, the following Words are written in Mr. De Beaufain's own Hand, "THE REGISTERING OF SEAMEN WAS DISCONTINUED FROM THE TWENTIETH OF SEPTEMBER, ONE THOUSAND SEVEN HUNDRED AND FIFTY-FIVE:" And that from another Book, received from the said Mr. Rhind, it appears, that the said Collector received for entering in and clearing out Ships, bound to Europe, Southward of Cape Finestere, from the Eleventh of March, One Thousand Seven Hundred and Sixty-five, to the Thirtieth of June, One Thousand Seven Hundred and Sixty-six, both inclusive, Nine Pounds Ten Shillings, Current Money; and during the same Period, for entering and clearing out for any Parts of the British Dominions, he took Eight Pounds for Ships, and Six Pounds Ten Shillings, like Money, for Sloops and Schooners, or not exceeding those Sums. And it appears to us, that such further or additional Fees or Charges as can or may be legally demanded and taken by the Collector, for [Page 23] Bonds and other Papers necessary or required by the Acts of Parliament passed in the Fourth and Fifth Years of his present Majesty's Reign, relating to the Entry or Clearance of Vessels ought not, in any Instance, to exceed Three Pounds Currency. And these Deponents do further declare, That it was always their earnest Desire and Wish, and they have the greatest Reason to believe ALSO, that it was the earnest Wish and Desire of the Merchants in Charles-Town, to have liquidated and established with the present Collector, Daniel Moore, Esq some such, or other reasonable and equitable, legal or customary Fees, for the Government both of the Collector and the Merchants. And in their Opinion, nothing on their Part hath been wanting to bring the same to Effect, as they are fully convinced, that they are sincerely disposed and willing to pay all lawful Duties and Customs; but too tender of their Rights and Liberties as British Subjects, to subimt tamely to repeated illegal Impositions.
- GABRIEL MANIGAULT,
- ROBERT PRINGLE,
- WILLIAM HOPTON,
- BENJAMIN SMITH,
- THOMAS SMITH,
- JOHN SAVAGE.
SIGNED and sworn to before me, the Day and Year before written, being one of His Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid.
Custom-House, Charles-Town. The COLLECTOR'S FEES, As established by Act of Parliament and Acts of Assembly of this Province, now fixed and agreed upon by the Collector and the Merchants, this Fifteenth Day of September, One Thousand Seven Hundred and Sixty-seven.
Carolina Currency. | ||
For entering and clearing a Ship, Snow, or Brig, | £ 5 0 0 | |
A Sloop or Schooner, | 3 10 0 | |
Each Oath, | 0 5 0 | |
Attested Copy of a Manifest, | 0 5 0 | |
a | Every Entry of Goods, | 0 7 6 |
A new Register, | 5 0 0 | |
b | Recording a Register, | 1 0 0 |
Each Bond 20 s. and approving Certificate to Cancel 10 s. | 1 10 0 | |
A Certificate for Pitch, Tar, or Turpentine 15 s. and Oath 5 s. | 1 0 0 | |
Every other Certificate, | 0 10 0 | |
c | Each Cocket, | 0 10 0 |
A Post Entry, | 1 0 0 | |
Registering a Licence and Certificate for Ships bound to the Southward of Cape Finestere, | 1 10 0 | |
Copying Invoice of Rice, | 2 0 0 | |
A Bill of Health, | 2 0 0 | |
d | Searching the Books or Cockets, | 0 5 0 |
A Sufferance or Permit, | 0 10 0 | |
e | Indorsing a Register, | 0 10 0 |
a This is no Charge against the Vessel unless when the Master has Goods of his own, but is to be paid by the Merchants upon every Import or Export.
b This is only for new Registers taken out here, and in no other Instance, unless when desired by the Master or Owner of the Vessel.
c This is for Ships or Vessels with Licence to carry Rice to foreign Markets; the Vessel pays for one, and if there are several Shippers in one Bottom, each Shipper pays the same.
d This is a Fee to be paid when any Person for his own Satisfaction desires to make a Search, but not when the Officer does so for his own Government.
e This only when short is a Change of Masters.
If a Register is lost or mislaid, the Master must give Bond with proper Security for Licence to load; and for this he is to pay a Fee of Forty Shillings Currency.
It was Customary with Mr. Beaufain, when Vessels cleared out in Ballast, to take only half Fees; but this is optional in the Officers, whether to follow the same Practice or not.
I hereby confirm the above Fees, and agree to their being a Rule for my Regulation while I am in Office, or until any Alteration may be made by Act of Parliament.
Examples of Vessels Fees from the foregoing List, VIZ.
Entering and Clearing, | £. 5 0 0 | ||
Oaths in and out, 5 s. each, £. 0 10 0 | |||
Manifests in and out, | 0 10 0 | 1 0 0 | |
This Bond is not required in all Cases, nor when Bond is given for enumerated Goods either in Britain or here | Non-enumerated Bond 1 0 0 | ||
Approving Certificate to Cancel, 0 10 0 | 1 10 0 | ||
Sufferance or Permit in and out, 10 s. each, | 1 0 0 | ||
8 10 0 | |||
If Lumber be taken in, add for Bond and Certificate, | 1 10 0 | ||
Bond being given at Home, and a Plantation Certificate brought there is no Fee for this | If Bond be given in the Naval-Office for enumerated Goods, add for approving Certificate to Cancel, | 0 10 0 | |
£. 10 10 0 |
A Ship for Europe to the Southward of Cape Finistere, with LICENCE.
Entering and Clearing, and Oaths and Manifests as above, | £. 6 0 0 | |
Sufferance, or Permit inward and Cocket outward, | 1 0 0 | |
Regestering Licence and Certificate, | 1 10 0 | |
Bill of Health, | 0 10 0 | |
This is the whole Charge, though there may be several Invoices for one Vessel. | Copying Invoices of Rice, | 2 0 0 |
£. 1 10 0 |
A Ship for foreign Ports in America by Licence.
Entering and Clearing, and Oaths and Manifests as above, | £. 6 0 0 |
Licence and Certificate for procuring it from the Governor, | 1 10 0 |
Bond, and approving Certificate to Cancel, | 1 10 0 |
Cockets, or Sufferance, in and out, | 1 0 0 |
Certificate on the back of the Licence. | 0 10 0 |
£. 10 10 0 | |
If Lumber be shipped, add as above, | 1 10 0 |
If Provisions, or other Non-enumated Goods, add more, | 1 10 0 |
£. 13 10 0 |
Sloops and Schooners paying only Three Pounds Ten Shillings for entering and clearing, their Fees are consequently Thirty Shillings less than the above.
The above Precedents are founded upon the foregoing List, and I agree to conform to the same while I am in Office.
BE IT REMEMBERED, That this Day PERSONALLY appeared John Chapman, and John Lloyd, both of Charles-Town, Merchants, who being severally and duly sworn upon the Holy Evangelists of Almighty God, made Oath and declared, That they were present, among a Number of Merchants of Charles-Town, (on Behalf of the whole Body of them) met on the Fifteenth Instant, to fix upon, and agree with Roger Peter Handasyd Hatley, Esq Deputy-Collector of his Majesty's Customs, upon Terms and Fees, as mentioned and expressed on this Instrument or Paper, and that they saw him subscribe his Name in both Places in the said Instrument or Agreement.
VOUCHERS, Coroborating sundry of the preceding Affidavits and Papers.
[No. 1.]
BY THIS PUBLIC INSTRUMENT OF PROTEST, be it known to all whom it doth, shall, or may Concern, That before me FENWICKE BULL, one of His Majesty's Justices assigned to keep the Peace in Berkley County, and Notary-Public duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid, PERSONALLY appeared George Forten, Master of the Ship Anne, of Bristol; John Hopton, Clerk to Henry Laurens, Esq of Charles-Town, Merchant, and the said Henry Laurens, part Owner of the said Ship Anne, who being severally and duly sworn on the Holy Evangelists of Almighty God, each for himself, and not one for the other, did depose and declare upon Oath as follows, Scilicet.
HENRY LAURENS, deposeth and saith, That on Saturday the Twenty-third Day of May last past, he sent his Clerk, the said John Hopton, with Captain George Forten, to clear out the said Ship Anne at the Custom-House, and other publick Offices, and gave him the said John, a certain Sum of Money, in order to pay the customary Fees: That upon the Return of his said Clerk, John Hopton, he brought him the Deponent an Account of the Money paid by him for clearing out the said Ship Anne; and among other Articles, he observed the Sum of Fourteen Pounds Currency, paid to the Collector Daniel Moore, Esq which he the said Henry Laurens objected to, and asked how that could possibly be; and asked if he did not include the Comptroller's Fees also: To which his said Clerk replied, that it was only the Fees paid to the Collector; and that he had also paid Three Pounds Ten Shillings Currency, as a One-third Part of Fourteen Pounds to the Comptroller, over and above the said Fourteen Pounds: That he the Clerk complained to Mr. Hatley, who signed the Anne's Clearances, as Deputy-Collector, that the said Fourteen Pounds was too high a Charge; and that Mr. Hatley, the Deputy, answered, "It is no more than is due upon so large a Ship." The said Henry Laurens further saith, That being one of a Committee, (appointed by the Body of British Merchants, residing and trading in Charles-Town, aforesaid) to wait upon Daniel Moore, Esq Collector of the Customs in Charles-Town aforesaid, in order to seek for Redress or Satisfaction, in divers Cases, wherein the said Body of Merchants apprehended the Trade of this Province had been greatly aggrieved since [Page 27] the said Daniel Moore, Esq came into the Exercise of his said Office.—He this Deponent, accompanied Gabriel Manigault, Esq Messieurs Thomas Shirley, John Neusville, John Gordon, and John Chapman, nominated to be of the said Committee, and did on the Twenty-sixth Day of May aforesaid, wait upon Daniel Moore, Esq Collector, by Appointment, at his own House in Charles-Town; where being met, divers Instances of late Charges in the Custom-House, which the Merchants apprehended were excessive and illegal, were produced by Gabriel Manigault, Esq speaking on Behalf of the Merchants in general, to which such Answers were given by the Collector, as may or shall appear in due Time and Place: That he the said Henry Laurens took that Occasion and Opportunity to move in the most respectful Manner, to the said Collector, the Complaint that he (the Deponent) in particular had to make of Fourteen Pounds paid to the Collector, only for clearing out the Ship Anne, which he apprehended was an excessive Charge, because in similar Cases he had never paid the late Collector, Hector Berenger De Beaufain, Esq in a Course of many Years, above Eight Pounds Ten Shillings Currency; and sometimes when a Paper or Document, less than ordinary was required, not above Seven Pounds Fifteen Shillings and Six-pence: To which the said Daniel Moore, Esq replied in general, that he took no other Fees than such as he found by a List in the Custom-House had been formerly taken there; that he could Account for the late Difference of Charges on Ships, only from the Multiplicity of additional Papers, required to be taken or executed, by late Acts of Parliament; and particularly as to the Case of the Ship Anne.—That if Mr. Laurens would send Captain Forten, with all his Papers, to the Custom-House, he would make out an Account of the particular Items in the said Fourteen Pounds, and convince him that no more had been taken by the Collector than his legal Fees. And the said Henry Laurens further saith, That in Consequence of the Proposition made by the Collector as abovementioned, he ordered his said Clerk, John Hopton, to accompany Captain George Forten to the Custom-House, there to produce all his Papers, and apply to the Collector for the particular Articles contained in the said Fourteen Pounds paid as aforesaid, and bring the same to him the said Henry.
GEORGE FORTEN, Master of the Ship Anne, deposeth and saith, That he saw John Hopton pay Fourteen Pounds to the said Mr. R. P. H. Hatley, the Deputy, for the Collector's Fees only; that he heard him the said Hopton complain that the Charge was too high, and Mr. Hatley's reply, that it was no more than was due. And he this Deponent further saith, That he signed no Bond at the Custom-House, received no Cockets from thence, nor did he apply for, or want any: That he registered no Seamen there, being not required thereunto, either by the Collector or his Deputy; nor as he conceives, by any Law whatsoever, nor by any late Practices in the Custom-House; and that all the Articles which he apprehends the Collector could legally, and according to Custom, charge him for on Account of his said Ship Anne, at the Time of clearing her out, viz. on the Twenty-third Instant, are,
- 1st. £. 5 0 0 For entering and clearing in general.
- 2dly. 0 5 0 For a Manifest sworn to inwards.
- 3dly. 0 7 6 For a Permit to unload.
- 4thly. 1 10 0 For approving his Bondsman, and Permit to load, and for canceling the Bond.
- 5thly. 0 5 0 For a Manifest sworn to outward.
- 6thly. 0 10 0 For a Certificate of Clearance, if that is not comprehended in the first Article above, of entering and clearing in genera], which he apprehends, and he has also been informed, is really so included.
£. 7 17 6 The whole Amount of which, according to the stated Rules of the late Hector Berenger De Beaufain, Esq Collector as aforesaid, and his Predecessor in Office, Thomas Gadsden, Esq as he hath also been well informed, would Amount only to Seven Pounds Fifteen Shillings and Six-pence, current Money, to the present Collector, or thereabouts, little more or less. And the said George Forten, further saith, That upon the Information of the said Henry Laurens, that the Collector desired him to attend at the Custom-House, with all his Ship's Papers; he went thither accordingly on the [Page 28] Twenty-eighth of said May last past, at Ten o'Clock in the Forenoon, in hopes of obtaining Redress whenever the Collector should be pleased to retrospect the Papers and Accounts before mentioned; and that John Hopton, who had paid the abovementioned Fourteen Pounds, accompanied him: That when the said Daniel Moore, Esq came into the Custom-House, he the said George Forten addressed him the Collector in the following Words, or Words to the same Effect viz. ‘Sir, I shall be much obliged to you to give me the particular Articles of your Charge of Fourteen Pounds, paid for clearing out my Ship the Anne Saturday last:’ To which the said Collector in reply, asked, "if he had not a Bill of the Fees as usual from each Officer?" and the said George Forten answered, you misunderstand me, Sir,—I desire a particular Account of your own Charges making up Fourteen Pounds, 'tis a considerable deal more than I ever paid before in this Port to the Collector, for which Reason my Owners at Bristol will require me to explain that Article.—That the Collector with some warmth answered, I have no Objection to giving what you demand; but since the Merchants require so much Exactness in me, I shall use the same Method towards them, and whatever comes within the Verge of Acts of Parliament, shall be strictly complied with, and not one Indulgence shall be granted to them hereafter; perhaps your Fees may exceed my Charge, which I find they do by Two Shillings and Six-pence; and then producing an Account of Particulars, amounting to Fourteen Pounds Two Shillings and Six-pence, demanded Payment of the Deficiency of Two Shillings and Six-pence Currency, (equal to Four-pence Sterling) otherwise he the Collector declared not one of his Papers should go out of the Office.
JOHN HOPTON, deposeth and saith, That upon the Collector's speaking as last above-mentioned, he took up the said Account, of which the following is an exact Copy, and the Original hereunto annexed compared therewith, by me, the the said Notary, VIZ.
Entering and clearing, | £. 5 0 0 |
Oaths, Manifests, &c. | 1 15 0 |
Men, | 1 7 6 |
Bond, | 1 10 0 |
Permits, | 1 10 0 |
Cockets, | 1 10 0 |
Post. | 1 0 0 |
Cert. | 0 10 0 |
£. 14 2 6 |
And said to the Collector, Sir, you have charged here to make up your Sum of Fourteen Pounds paid on Saturday, Twenty Shillings for a Post-Entry, which was not made, nor even thought of before Monday; therefore there still appears an over Charge of Seventeen Shillings and Six-pence for clearing out: The Collector angrily answered, that he knew, or could foresee on Saturday, that such an Entry must be made, therefore the whole was still right: That he John Hopton then observed to the Collector, that there was a Charge for Cockets, whereas none such were had or applied for, and therefore there was no Room for that Article to be charged: That the Collector then asked where is the Vessel bound to, is she not bound for Lisbon? he the said Deponent answered no, she is bound to Bristol, and therefore had no Cockets.—That the Collector then with great warmth, said it was no Matter, or he did not care for that, and added, "I again repeat, that I am entitled to the whole Sum which is set down, and if you cannot see the Propriety of my Charge, I cannot help you:" And the said John Hopton further saith, That the Collector's Answer being unsatisfactory, both to Captain Forten and himself, and being prompted thereto by a Sense of his Duty, he took the Liberty, but with all Deference to the Collector, to proceed and say unto him, I shall be glad, Sir, to have other Articles in the Account made plainer, some of which I think were never had, nor even applied for: In Answer to which, the Collector continuing angry, said, "I have done, and will do no more in the Affair; I have no Time to lose, and will not have my Time taken up in Disputes of this Nature." Whereupon [Page 29] the said John Hopton, (having first paid the aforementioned odd Two shillings and Six-pence Currency, for which the Ship's Papers were detained) together with Captain Forten, retired from the Custom-House.
HENRY LAURENS, doth further declare, That after having heard the Reception which Captain Forten had met with from the Collector, so contrary to his the Collector's Promises, when he desired that Captain Forten should wait upon him with his Papers; he the said Henry Laurens went on the Twenty-ninth of May aforesaid to the Custom-House, and then and there, in Presence of Isaac Mazyck, Esq and Mr. William Banbury, desired to Remonstrate to the said Collector upon the Subject above-mentioned; assuring the said Collector, that there were in his said Account certain Articles, which ought not to be charged therein; that the Collector seemed to be proceeding to examine into the said Complaint, but, on a sudden, said in some warmth, that it was a Holyday, that he was busy, and should be more so presently: Whereupon the said Deponent replied, that he thought himself aggrieved; that he did not come to ask any Favours, but applied for Redress, which he conceived he had a Right to apply for at the Collector's own House, or even in the Street, Holyday or no Holyday, and requested the Collector to inform him whether he would grant him such Redress or not: In Answer, the Collector desired him to defer the Business until next Day, and appointed Three o'Clock Saturday Afternoon for the Deponent Henry Laurens to attend him at the Custom House; at which Time and Place he promised to retrospect his said Account, in order, as the Deponent understood, to allow and return for any illegal Charges. And this Deponent, Henry Laurens, further saith, That having other Business at the Custom-House, he went there on the Morning of the said Saturday, about Eleven o'Clock, when the Collector informed him, that he had fully considered the Affair of his Fees on the Ship Anne, and was determined not to return any Part of the Sum of Fourteen Pounds, taken for clearing her out; and that therefore the Deponent need not be at the Trouble of coming at Three o'Clock, according to the former Appointment: Further the Deponent saith, That the Post-Entry before-mentioned was not foreseen, nor even expected by him when the Ship Anne was cleared out; that the Alteration in the Ship's Clearance, (called and charged upon this Occasion a Post-Entry) was on Account of twelve Barrels of Rice, taken from on board the Ship, in order to accommodate certain Passengers.
- HENRY LAURENS,
- GEORGE FORTEN,
- JOHN HOPTON.
SIGNED, protested, and sworn to, before me, this First Day of June, One Thousand Seven Hundred and Sixty-seven, and in the Seventh Year of His Majesty's Reign.
[Voucher, No. 2.]
BE IT REMEMBERED AND KNOWN to all Persons whom this Affidavit shall Concern, That upon this Twenty-second Day of June, One Thousand Seven Hundred and Sixty-seven, before me FENWICKE BULL, one of His Majesty's Justices assigned to keep the Peace for the County aforesaid, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, PERSONALLY appeared James Gilchrist, Master of the Sloop Elizabeth, now in the Harbour of Charles-Town, and bound for Barbados; and who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath, That upon Saturday last, being the Twentieth [Page 30] Instant, he the Deponent paid at the Custom-House for this Port, and to the Collector thereof, Daniel Moore, only as his Fees, the Sum of Ten Pounds Currency, for entering and clearing the said Sloop, Scilicet.
Entering and Clearing, | £. 3 10 0 |
Oaths, &c. | 1 15 0 |
Men, | 0 15 0 |
Bond, | 1 10 0 |
Permits, | 1 10 0 |
Cert. | 1 0 0 |
£. 10 0 0 | |
the Original of which is above annexed. |
AND FURTHER this Deponent swears, That in conducting the Business with the Collector, Daniel Moore, as aforesaid, at entering and clearing, he only took two Oaths, (one at each Time) had one Bond, and had two Clearances, that is to say, One Clearance for Barbados, and one Clearance for Rice and Naval Stores; and that this Deponent declares, he had no other Paper or Papers, nor took any more Oath or Oaths, than what are particularly mentioned as above.
SIGNED, and sworn to before me, the Day and Year above written.
[Voucher, No. 3.] A Copy of the Letters that passed between Daniel Moore, Esq Collector of his Majesty's Customs in Charles-Town, South-Carolina, and one of the Members of his Majesty's Honourable Council for the said Province, and Robert Pringle, Esq one of the Assistant Judges, about his entering into a Recognizance to appear at the General Sessions. on the Information of Mr. John Logan, of Charles-Town aforesaid, Merchant.
I Have considered your Matter, and shall be glad of your good Company, at my House To-morrow, about Five o'Clock in the Afternoon, to drink Tea or Coffee, and where I shall be ready to take your own Recognizance.
I Am to attend the Court of Admiralty To-morrow, at Five o'Clock, which makes it impossible for me to wait on you.
I hope some other Day will do as well.
I Shall be glad to see you at my House, any Day in this Week, in order to take your Recognizance.
MR. MOORE presents his Compliments to Mr. PRINGLE, and intends waiting on him some Day this Week. June 24, 1767.
AS I am informed you intend to embark for England very soon, and you have not yet entered into a Recognizance, as you writ me in June; I am therefore, as my Duty requires me, now to insist upon your Compliance, without any further Delay.
THIS is to Certify, that the preceding and above, are exact Copies of the Letters that passed between Daniel Moore, Esq Collector of his Majesty's Customs in Charles-Town, and myself; and that he the said Collector has forfeited his Honour, in not performing according to his Word and Promise, to enter into a Recognizance; and that he has left this Province in a very clandestine and abrupt Manner, and gone to Georgia, as I am informed, in order to embark from thence for England.
SOUTH-CAROLINA. [Voucher, No. 4.] CHARLES-TOWN,
PERMISSION is granted unto Thomas Beswicke, Master of the Schooner Tryton, to pass the Fort to Ashep [...].
SOUTH-CAROLINA. [Voucher, No. 5.] CHARLES-TOWN,
PERMISSION is granted unto Henry B [...]llinghall, Master of the Schooner Liberty, to pass the Fort to Ponpon.
- DANIEL MOORE, Collector.
- WILLIAM MASSEY, pro Comptroller.
[Voucher, No. 6.]
THESE are to Certify, that Jemmy, a Negro Man, Master of the Schooner Henrietta, is permitted to pass from this Port to Coosawhatchee, having on board FOUR THOUSAND BRICKS.
- DANIEL MOORE, Collector,
- WILLIAM MASSEY, pro Comptroller.
To all whom it may concern.
SOUTH-CAROLINA. [Voucher, No. 7.]
I EDMUND BELLINGER, do Certify, that I have sold and delivered to Ward and Leger, of Charles-Town, Two Thousand Six Hundred and Eight Pounds Weight of Indico; and that the said Indico is wholly of the Growth and Produce of my Plantation, situated in the Parish of St. Helena, in Granville County, in the Province aforesaid.
SIGNED, and sworn to before me, this Fourth Day of March, 1767.
(ENDORSED)
I JOHN WARD, do Certify, that Ward and Leger have laden on board the Minerva, Captain John Barnes, for London, Two Thousand Six Hundred and Eight Pounds Weight of Indico, contained in seven Casks, marked [...], No. 1-7; and that it is the same Indico mentioned in the above Certificate.
SWORN to before me, this Sixteenth Day of April, 1767.
I WILLIAM HAZZARD, do Certify, that I have sold and delivered to William Livingston, Four Hundred and Seven Pounds Weight of Indico; and that the said Indico is wholly of the Growth and Produce of my Plantation, situate in the Parish of St. Helena, in Granville County, in the Province aforesaid.
The above Certificate was signed and sworn to before me, the Twenty-fourth Day of April, 1767.
(ENDORSED)
I WILLIAM LIVINGSTON, do Certify, that I have sent the within mentioned Indico to Charles-Town, in order to be shipped to Great-Britain, by Livingston and Champneys.
SIGNED, and sworn to before me, the Twenty-fourth Day of April, 1767.
I JOHH CHAMPNEYS, do Certify, that the within-mentioned Indico was shipped on board the Ship Liberty, Captain John Lasley, on or about the Thirteenth Instant.
SIGNED, and sworn to before me, this Fifteenth Day of May, 1767.
I DANIEL PEPPER, do Certify, that Three Hundred and Seventeen Pounds Weight of Indico was sent to Charles-Town, from my Plantation, where the same was made, in order to be sold, for my Account, by Livingston and Champneys; and is wholly of the Growth and Produce of my said Plantation, situate in the Parish of St. Helena, in Granville County, in the Province aforesaid.
The above Certificate was signed and sworn to before me, the Twenty-fourth Day of April, 1767.
(ENDORSED)
I JOHN CHAMPNEYS, do Certify, that the within mentioned Indico was shipped on board the Ship Liberty, Captain John Lasley, on or about the Thirteenth Instant.
SIGNED, and sworn to before me, this Fifteenth Day of May, 1767.
I FENWICKE BULL, Notary and Tabellion Public, duly admitted and sworn, dwelling in Charles-Town, in Berkley County, and Province aforesaid, in America, DO HEREBY CERTIFY unto all People whom it doth or may Concern, That the annexed three Iudico Certificates, as signed by Edmund Bellinger, William Hazzard, and Daniel Pepper, with their Endorsments, are faithful and true Copies of and from the Originals, now in the Custom-House at Charles-Town.
AND I DO FURTHER CERTIFY, That it appears also by the Custom-House Books there, that the Ship Minerva, John Barnes, Master, for London, cleared out on the Sixteenth Day of April, One Thousand Seven Hundred and Sixty-seven; and that the Ship Liberty, John Lasley, Master, cleared out on the Twentieth Day of May, One Thousand Seven Hundred and Sixty-seven.
In Praemissorum Fidem, I have hereunto set my Hand and Seal of Office, this Twenty-second Day of September, in the Year of our Lord One Thousand Seven Hundred and Sixty-seven, and in the Eighth Year of His Majesty's Reign.
[Voucher, No. 8.]
BE IT REMEMBERED AND KNOWN to all Persons whom it may or shall Concern, That upon this Twelfth Day of June, One Thousand Seven Hundred and Sixty-seven, before me FENWICKE BULL, one of His Majesty's Justices assigned to keep the Peace for the said County, and Notary-Public, duly admitted and sworn PERSONALLY appeared Robert Cleiland, Master of the Ship Nelson, owned in London, but now in the Harbour of Charles-Town, in the Province aforesaid, bound for Grenada, loaded with Lumber, Provisions and Rice, for the said Island of Grenada; who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath, That on Saturday last past, being the Sixth Day of June Instant, he the Deponent went to the Custom-House for the Port of Charles-Town, and there did clear out, or had cleared out the said Vessel or Ship called the Nelson, and paid at the said Custom-House the Collector's, Fees, such being demanded, Scilicit.
Entering and Clearing, | £. 5 0 0 |
Oaths, &c. | 1 15 0 |
Twelve Men, | 1 10 0 |
Bonds, | 3 0 0 |
Permits, | 0 15 0 |
Three Cert. | 1 10 0 |
Recording Register, | 1 0 0 |
£. 14 10 0 |
amounting to Fourteen Pounds Ten Shillings Currency; and that John Logan, of Charles-Town, Merchant, furnished the Deponent with Money for the Use of clearing the Vessel Nelson, not only at the Custom-House and to the Collector as above-said, but also at other Offices: That this Deponent came to this Port only in Ballast, and thinks the Charge excessive, and is informed (having never been in this Harbour before) that the said Fourteen Pounds Ten Shillings is illegal and exorbitant, that is to say, so much of the said Sum as exceeds the Sum of Nine Pounds Ten Shillings Currency; and therefore this Deponent apprehends his Owners are defrauded, and had extorted from them, by the said Collector, Daniel Moore, Esq or his Assistants, full Five Pounds Currency.
SIGNED, and sworn to before me, the Day and Year above written.
[Voucher, No. 9.]
THIS is to Certify, to all whom it doth, shall, or may Concern, that upon the Fourteenth Day of July, One Thousand Seven Hundred and Sixty-seven, and about the Hour of Nine or Ten o'Clock in the Forenoon of the same Day, John Hapton, Clerk to Henry Laurens, Esq called upon me Fenwicke Bull, Notary-Public, at my House on the Bay, and enquired of me the said Notary, whether or no I was going from Home, for that he John Hopton believed he should want me to wait upon the Honourable Daniel Moore, Esq Collector for the Port of Charles-Town, relative to a Schooner called the Wambaw, the Property of the said Henry Laurens, Esq and that by the Desire of Gabriel Manigault, Miles Brewton, and James Laurens, Esqrs. there being some Kind of Impediment to the said Schooner Wambaw being permitted to be entered at the Custom-House: To which I the said Notary made Answer to the said John Hopton, that I would certainly be in the Way, and ready to attend as a Notary, if called upon for that Purpose. And that about Twelve Minutes before Twelve o'Clock at Noon, of the same Day, the said John Hopton, did call again upon me the said Notary, and informed me that the abovementioned Gentlemen, VIZ. Gabriel Manigault, Miles Brewton, and James [Page 35] Laurens, Esqrs. were waiting for me at the Custom-House; whereupon I immediately went to, and found them under the Piazza of the Custom-House, in Consultation.—I addressed and told them, that I was ready to wait on the Honourable Daniel Moore, Esq Collector, and require and demand any Answer or Answers that they should think proper to be obtained of and from him the said Collector: That they then replied to me, ‘That as the said Collector was already under several Prosecutions, that as my waiting on him as a Notary might appear like Persecution, they one and all, with great Delicacy and Tenderness, declined sending me in Form to the said Collector; also saying, that the said Collector had verbally assured Miles Brewton, Esq that NO ADVANTAGE SHOULD BE TAKEN.’ Upon which the said Mr. Brewton, desired that I would go Home and make a Minute of the Words which the Collector had used or promised to him upon this Occasion, which were to this Effect, VIZ. ‘That the Collector, Daniel Moore, Esq told and informed him Miles Brewton, that William Brown, Master of the Schooner Wambaw, from the Alatamaha, and the Property of Henry Laurens, Esq had appeared at the Custom-House, and there produced, exhibited, and offered a Manifest and Certificate, rather out of the common Mode of Business; and that as the Case was new to him, and also that as he must of Course be at a loss, he the Collector begged to be indulged with the Liberty of consulting with the King's Attorney upon the Matter; and that he the Collector assured the said Mr. Brewton, that no Advantage should be taken of or against the said Schooner Wambaw, or her Cargo, in any Manner whatsoever.’ Therefore, and by Reason of the above recited FAIR PROMISES from the said Collector, a Protest was not then extended.
IN TESTIMONY OF THE TRUTH, I have hereunto set my Hand and Seal of Office.
BY this publick Instrument of Protest, be it Known and Manifest to all whom it doth, shall or may Concern, that upon this Sixth Day of August, One Thousand Seven Hundred and Sixty-seven, before me FENWICKE BULL, one of His Majesty's Justices assigned to keep the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid, PERSONALLY appeared William Brown, Master of the Schooner Wambaw, the Property of Henry Laurens, Esq who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath and declares, That he the Deponent did go to the Custom-House in Charles-Town, by Order of his Owner, the said Mr. Laurens, who told the Deponent that he would follow him there, in order to clear the Vessel Wambaw; that upon the Deponent's going there, (which was on the Twenty-ninth of May, or thereabouts) and informing the Collector that the Schooner Wambaw was bound to Alatamaha; he the Collector gave orders to his Clerk to write a Permit.—That then immediately came and appeared the said Mr. Laurens, who said that a Permit would not answer the Purpose, that his Plantation was in Georgia, and told the Collector, that he had and did pay Taxes and Quit-Rents in the Province of Georgia for the said Plantation, and desired that the Vessel Wambaw might be fully cleared, as being bound to another Colony; whereupon she was so cleared, except the giving Bond for Non-enumerated Goods; that a Bond was mentioned by the Collector, his Clerk, or his Owner Henry Laurens, (but the Deponent is not positive by which of the three Persons) that he understood a Bond was not required; that none was demanded from, or given by him or his Owner Henry Laurens. When cleared, he failed, with Orders from his said Owner, Henry Laurens, to wait at the Alatamaha until he should Arrive: That as he understood his Owner was detained by attending [Page 36] upon the Commons House of Assembly, and afterwards by contrary Winds; he the Deponent in the mean Time wanting Ballast, and none being to be had in the Neighbourhood, he took a Parcel of Shingles on board, which not only ballasted, but loaded the Schooner, and then lay waiting for his Owner, Henry Laurens: In the mean Time, also apprehending that it might be necessary, having Shingles on board, to clear out; he made enquiry if there was any Custom-House or Officers in the Neighbourhood, when he was informed by several Persons that the nearest was at Sunbury, a Distance of between forty and fifty Miles; a very bad Road, and to which he was utterly a Stranger, besides Water Carriage fifteen or eighteen Miles, and against the Stream.—Immediately upon his Owner's Arrival, the Deponent was ordered to apply to the nearest Magistrates, John Polson, and Donald Mackay, Esqrs. at Frederica, to whom he entered into Bond, with one Surety, &c. and obtained a Certificate from them, (Copy of which is hereunto annexed) which was the best Clearance that he could possibly obtain, and all that was in his Power to do in Compliance with the Law, and then sailed directly to and for Charles-Town. That he never received any Orders or Directions from his Owner, Henry Laurens, or any other Person, to do any Act contrary to, or elusive of any Act of Parliament; and that his Owner was very desirous of clearing the said Vessel Wambaw, in exact Conformity to Law, if it had been practicable: That he the Deponent has been Master of the said Schooner Wambaw about Twenty-one Months, and never was concerned in any illicit Trade or contraband Proceedings: That upon his Arrival at Charles-Town, he applied to Mr. John Hopton, Clerk to his Owner, the said Mr. Laurens, and went to enter the said Vessel Wambaw, at the Custom-House: That the Collector declined to enter her, notwithstanding that he produced a Certificate from Frederica, as herein before is mentioned; and after keeping him in suspence five Days, the said Schooner Wambaw was seized by George Roupell, Esq as the Deponent believes, by the Collector's Orders.
THEREFORE I the said Notary, at the special Instance and Request of the said William Brown, as well on his Behalf as Master of said Vessel Wambaw, as on Account and for the Owner of the said Schooner, the said Laurens; do Protest against the Want of a Custom-House or Custom-House Officers at the Alatamaba, there being none within forty Miles thereof: Also against Daniel Moore, Esq Collector, for omitting to take a Bond as was offered, and which tended to mislead and make the Deponent think it less essential; and also for refusing to admit his Vessel Wambaw to enter according to Law, as well as for causing the said Vessel to be seized and detained; and against the said George Roupell for seizing and detaining the same. And I do hereby Protest, and that solemnly, against the Want of Officers at the Alatamaha, against the said Daniel Moore, Collector, and also against the said George Roupell, for all Charges, Costs, and Damages, that have accrued, or that may accrue to the said William Brown, Master, and Henry Laurens, Owner, and all others concerned by Reason of the Premises.
Thus done and PROTESTED in Charles-Town, the Day and Year first above written.
WE CERTIFY to all whom it may Concern, that William Brown, Master of a small coasting Schooner called the Wambaw, having arrived from Charles-Town at Broughton-Island, in the River Alatamaha, and there delivered a certain Quantity of Corn Provision for Negroes upon the said Island, belonging to Henry Laurens, Esq of South-Carolina; did then Ballast and Load the said Schooner in the said River, with about Fifty Thousand Cypress Shingles, in order to Return [Page 37] again to Charles-Town aforesaid; and that he hath entered into Bond to our Sovereign Lord the King, with one Surety thereto, in the penal Sum of Fifty Pounds Sterling, for the due landing of the said Shingles, according to Act of Parliament: AND WE FURTHER CERTIFY, That there is no Port of Entry, nor Office of Customs upon, or within many Miles of the said River.
- JOHN POLSON, J. P.
- DONALD MACKAY, J. P.
True Copies from the Originals, given under my Hand and Seal of Office, this Thirtieth Day of September, One Thousand Seven Hundred and Sixty-seven.
[Voucher, No. 10.]
BY THIS PUBLIC INSTRUMENT OF PROTEST, be it known and manifest to all whom it doth, shall, or may Concern, That on this Thirty-first Day of July, One Thousand Seven Hundred and Sixty-seven, before me FENWICKS BULL, one of His Majesty's Justices of the Peace for Berkley County, and Notary-Public, duly admitted and sworn, dwelling in Charles-Town, in the Province aforesaid, PERSONALLY appeared Peter Bachop, Master of the Schooner Broughton-Island, owned by Henry Laurens, of Charles-Town, Esq who being duly sworn upon the Holy Evangelists of Almighty God, maketh Oath and declares, That the said Schooner Broughton-Island, being quite a new Vessel, and whose Register was dated only the Twenty-third Day of May last past, never entered upon any Trade, and was ordered by his Owner to the River Alatamaha, merely to carry Provisions, and a few Bricks, for the Use of his said Owner's Plantation; that she was cleared out in Charles-Town, for the first Time, on the Nineteenth Day of June last past, for the above-mentioned Voyage only, under a Manifest to which Daniel Moore, Esq the Collector, swore the Deponent, setting forth, that he was bound to a Place where there was no Custom-House nor Officers, nor any within many Miles. That upon his Arrival at Alatamaha, he landed his said Provisions and other Goods, and by his Owner's Orders there refused to take on board any Kind of Goods, Wares, or Merchandizes, some such having been offered to him for Sale or Freight; and that he heard his Owner say he would not take any Goods, as the Schooner was a large Vessel, and that there might be Trouble and Difficulty attending for proper Clearances: That there being neither Stone nor Sand Ballast within Eighteen Miles of the Place where his Vessel did lay; and as his Vessel would be endangered in going so far light, be the Deponent took on board the said Schooner Broughton-Island Packet, a sufficient Quantity of rough Wood, cut in a Swamp, in lieu of Ballast: That he heard his Owner, Colonel Henry Laurens, often express his Wishes to clear out the Vessel properly, but that it was impossible; and that considering the Nature of his Manifest at Charles-Town, and the plain Declaration of his Owner to the Collector there, that the Vessel was bound to a Place where there was no Port of Entry nor Custom-House Officers, and having transacted all the before-mentioned and particular Matters in presence of Mr. Edward Head, and Mr. Isaac Peace, British Merchants, residing commonly in Charles-Town, but then the Deponent's Passengers, (who were no Way interested in the said Schooner) he considered his Return to Charles-Town in BALLAST ONLY, as a Continuation and Completion of his Voyage; and therefore did Return without Deviation or Fraud, and upon his Arrival he went to the Custom-House at Charles-Town, and produced and presented to the Collector a Manifest, of which the under-written is a Copy, and prayed to be admitted to enter.
MANIFEST of the Schooner Broughton-Island Packet, Peter Bachop, Master, from Broughton-Island Plantation in Alatamaha River, where there is no Port of Entry, nor Officers within FORTY MILES, and the Roads to the nearest Office impassable.
Ballasted with Fire-wood, not for Sale or Merchandize, no Sand or Stones to be had at that Place.
That after the said Collector had perused the said Manifest and Clearance from Charles-Town, he replied that he would not suffer the said Schooner Broughton-Island Packet to enter, for want of proper Clearances from the Port she came from at Alatamaha.
SWORN to before me, the Day and Year above-written; in Testimony of the Truth I have hereunto set my Hand and Seal of Office.
AND BE IT FURTHER KNOWN, That upon the same Day, and in the same Year, after the Collector's Refusal as abovesaid, at the Request of John Hopton, Clerk, and Peter Bachop, Master of the said Schooner, I FENWICKE BULL, Notary-Public, did at their Request, and on Behalf of the Owner of the said Schooner Broughton-Island Packet, Henry Laurens, wait on Daniel Moore, Esq at the Custom-House as the Collector, and in Office Hours, and did then and there produce the Manifest, Copy of which is under-written, VIZ.
MANIFEST of the Scoooner Broughton-Island Packet, Peter Bachop, Master, from Broughton-Island Plantation in Alatamaha River, where there is no Port of Entry, nor Officers within Forty Miles, and the Roads to the nearest Office impassable.
Ballasted with Fire-wood, not for Sale or Merchandize, no Sand or Stones to be had at that Place.
Also the Clearance from Charles-Town, but no other Papers, (none being to be had where the said Vessel came from) and prayed to be admitted to enter the said Schooner with her Cargo, consisting of only rough Pieces of Wood for Ballast: To which the said Daniel Moore, Esq replied, my Answer to you as a Notary is, That I will not permit or suffer her to enter; and in a very short Time I will do somewhat more.
THEREFORE, I the said Notary, at the special Instance and Request of John Hopton and Peter Bachop, as well on their Behalfs, as on that of the Owner, Henry Laurens, Esq do solemnly Protest against the Want of proper Offices and Officers belonging to the Custom-House at the Alatamaha; and against Daniel Moore, the Collector, for ordering the said Vessel, Schooner Broughton-Island Packet, to be seized; and also against George Roupell, for seizing and causing the same to be detained: AND I do accordingly Protest against them for all Charges, Expences, Damages, and Detentions, already accrued, or may hereafter accrue, by Reason of the Premises.
Thus done and protested, this Thirty-first Day of July, One Thousand Seven Hundred and Sixty-seven.
- JOHN HOPTON,
- PETER BACHOP.
SINCE the preceeding Papers were sent to the Press, an Indictment was prefered at a Court of General Sessions, Oyer and Terminer, begun and holden at Charles-Town, on the Third Monday in October, 1767, against the Honourable Daniel Moore, Esq for Extortion in the Case of the Ship Nelson, as set forth by the Affidavit of John Logan, No. 8: Of which Indictment, the Proceedings of the Court, and the Verdict of the Grand Jury, the following is an exact Copy, as exemplified under the Great Seal of the Province, and transmitted to CHARLES GARTH, Esq in London.
The KING CONTRA The Hon. Daniel Moore, Esq
THE Attorney-General having suggested to the Court, that he had received from the Crown-Office, an Affidavit made by John Logan, of Charles-Town, Merchant, charging the Honourable Daniel Moore, Esq with Extortion in his Office of Collector of his Majesty's Customs for the Port of Charles-Town; and also a Recognizance which the said John Logan had entered into, to prosecute and give Evidence against the said Daniel Moore, at this present Sessions; that he had learned that the said Daniel Moore, Esq had quitted this Province, having evaded entering into Security to answer the said Prosecution, and was therefore now not amenable to the Justice of this Court: And the Attorney-General having further suggested that the said Daniel Moore had behaved towards him in such a Manner as made him, from a Point of Delicacy, decline giving out a Bill of Indictment to the Grand Jury against him the said Daniel Moore, without the Directions of the Court, which he therefore prayed. The Court having taken the Premises into Consideration, and it appearing that the said Daniel Moore bad been repeatedly guilty of a Breach of Promise to Mr. Justice Pringle, who being applied to, to bind him over to answer the said Prosecution, had behaved to him with great Lenity and Politeness, and trusting to his Promises, had delayed binding him over; the Court therefore considering that the said Daniel Moore had taken a very ungenteel Advantage of the Lenity which had been shewn him, by withdrawing himself from Justice, directed the Attorney-General to give out a Bill of Indictment to the Grand Jury against the said Daniel Moore, Esq upon the Evidence of the said John Logan, which was done accordingly.
JOHN LOGAN, of Charles-town, in the Province aforesaid, Merchant, being duly sworn, made Oath, That Daniel Moore, Esq Collector of his Majesty's Customs for the Port of Charles-Town, in the said Province, did on Saturday the Sixth Instant, by Pretext, and under Colour of his said Office of Collector, unjustly, illegally, and by Extortion, take from the said Deponent the Sum of Five Pounds Current Money, over and above his just, legal and accustomed Fees, for clearing out at his said Office the Ship Nelson, Captain Clieland.
Sworn before me, this 16 th Day of June, 1767.
THE Jurors for our Sovereign Lord the King, that is to say, Frederick Grimke, Roger Smith, Isaac Godin, William Smith, John Paul Grimke, William Baker, Henry Smith, Thomas Dixon, Joseph Cantey, Gavin P [...], Paul Townsend, John Bulline, William Bampfield, upon their Oath, and Charles Warham upon his solemn and conscientious Declaration and Affirmation, made according to the Form of his Profession; PRESENT, That Daniel Moore, Esq late of Charles-Town, in the Province of South-Carolina, on the Sixth Day of June, in the Seventh Year of the Reign of our Sovereign Lord GEORGE the Third, King of Great-Britain, France and Ireland, Defender of the Faith, and so forth, (the said Daniel Moore then being Collector of his Majesty's Customs for the Port of Charles-Town, in the Province aforesaid) at Charles-Town aforesaid, unlawfully, unjustly and extorsively, and by Colour of his said Office, did extort, receive, and have of one John Logan, the Sum of Five Pounds lawful current Money of the Province aforesaid, over and above the Sum of Nine Pounds Ten Shillings, for and as his Fee, as Collector of the said Port, for clearing out the Ship Nelson, administering certain Oaths, and other Matters relative to the clearing of the said Vessel at the Custom-House, and for executing and doing his Office aforesaid, whereas in Truth and in Fact, no more Fees were due for the aforesaid Services than Nine Pounds Ten Shillings like current Money of the Province aforesaid, to the great Damage of the said John Logan, to the evil Example of all others, in the like Case offending, and against the Peace of our said Lord the King, his Crown and Dignity.
The KING CONTRA The Hon. Daniel Moore, Esq
EXTORTION
I DOUGAL CAMPBELL, Clerk of the Crown and Peace in the Province aforesaid, DO HEREBY CERTIFY, that this Sheet of Paper, and that thereunto annexed, do contain a true Copy of the Proceedings had in a certain Cause, wherein our Sovereign Lord the King was Plaintiff, and the Honourable Daniel Moore, Esq Collector of his Majesty's Customs for the Port of Charles-Town, was Defendant, upon a Prosecution brought against the said Daniel Moore, for Extortion in his Office.
SOUTH-CAROLINA. By his Excellency the Right Honourable Lord CHARLES-GREVILLE MONTAGU, Captain-General, Governor and Commander in Chief, in and over the said Province, and Vice-Admiral of the same.
KNOW Ye, that DOUGAL CAMPBELL, Esquire, who hath certified that the two Sheets of Paper hereunto annexed, contain a true Copy of the Proceedings had in a certain Cause, wherein our Sovereign Lord the King was Plaintiff, and the Honourable Daniel Moore, Esquire, Collector of his Majesty's Customs for the Port of Charles-Town, was Defendant, upon a Prosecution brought against the said Moore for Extortion in his Office, is Clerk of the Crown and Peace in the said Province. THEREFORE all due Faith and Credit is and ought to be had and given to the same.
IN TESTIMONY whereof I have hereunto set my Hand, at Charles-Town, this Ninth Day of November, Anno Domini, One Thousand Seven Hundred and Sixty-seven, and in the Eighth Year of His Majesty's Reign, and caused the Great Seal of the said Province, to be affixed to the same.
OPINIONS refered to in the Note on Page 6, in the Letter from the Merchants to CHARLES GARTH, Esq.
EXTRACT from the final Decree pronounced on the 19th of June, 1767, by the Honourable EGERTON LEIGH, Esq Judge of the High Court of Admiralty. JAMES GORDON, Owner of the Schooner ACTIVE, AND HER CARGO. ADVERSUS JAMES HAWKER, Qui tam.
AND having heard all Parties, by their Proctors and Advocates, relative to the Legality of the Seizure in this Case; I am of Opinion, upon a View of the several Acts of Trade respecting this Point, and particularly the 7th and 8th William III, Chapter 22d, Section 20th, and the Statutes made in the 3d, 4th, 5th and 6th Years of his present Majesty's Reign, that nothing, in these several Acts can be construed to lay any unnecessary Restraint upon the Trade and Correspondence of his Majesty's American Subjects, when any Goods or Commodities are carried merely for the Use and Sustenance of the said Colonies; or, in other Words, when such Goods are carried only from one Port or Place to another Port or Place in the same Colony. And forasmuch as it does appear manifest to me, from the several Proofs in this Cause, that the Vessel in Question has been constantly employed within the said Province, without putting further out to Sea than her Burthen, or the Coast made necessary for the Safety of her Navigation to and from this Port; and there is not the least Shadow of Pretence, that the said Vessel has at any Time been employed in any illicit Trade whatsoever, or that any Fraud has been committed or intended, whereby his Majesty's Revenue can be diminished or affected, or the fair Trader undermined or prejudiced, contrary to any of the wise Provisions of any Revenue-Laws, or Laws of the Customs. I DO THEREFORE, under the particular Circumstances of this Case, ADJUDGE, ORDER, SENTENCE AND DECREE, That the said Vessel and Cargo are not liable, and ought not to be condemned and confiscated.
OPINION of JAMES PARSONS, Esq.
UPON perusing the Acts of Trade, of the 4th, 5th and 6th of his present Majesty, I am of Opinion, That notwithstanding the general Words in some of them, that none of them can be properly construed to extend, or were intended to extend, to coasting Schooners or Vessels owned in a Province, and whose Navigation is, and shall remain confined, agreeable to the Proviso in the Statute of the 7th and 8th of William III, Chapter 22d, to the Rivers or Coasts of such Province.
OPINION of CHARLES PINCKNEY, Esq.
I NOW offer you my Opinion, that such Vessels, or Coasters, whose Navigation is confined to the Coast and Rivers of the same Colony or Province, are by no Means within the Purview, or Intention of any of the former or late Acts of Trade, which require giving Bond, taking out Sufferances, Cockets, or Clearances, from the Custom-House.
OPINION of JOHN RUTLEDGE, Esq.
I AM of Opinion, that none of the Acts of Trade require giving Bonds, or taking out Sufferances and Cockets, in Case of Vessels whose Navigation is confined to the Rivers or Coasts of one Colony or Province.