The New-Hampshire gazette and historical chronicle (Portsmouth, N.H.), 1774-04-19 00:00:00

To the PUBLIC. Audi et alteram Partem.
IN Edes and Gill's Boston-Gazette of monday Feb. 14, a certain writer who styles himself a friend to the Liberties of mankind has presented us with a pretended narrative of the whole procedure of all parties concern'd in the seizure of the Brigantine Brothers , which he makes no doubt will be satisfactory to the bigger part of the readers of that paper; the honorable title assum'd by this author recommends him to the good graces of Society; and, so long as his deeds do not deny it, will certainly insure him the warmest approbation of those he professedly means to place; a respectable body, amongst whom I hope there is not an individual that does not deserve the name as well as himself, & had he supported that dignified character, I should willingly have fallen in with the number of his approvers, and suffered him to enjoy this honorable rank undisputed;
But when truth is set at nought, when the press becomes the vehicle of slander, when malice seeks its vent, Revenge its blow there, when falsehood is added to defamation, when the most respectable names are levelled with a Malcom & a Wood , and when a weekly Gazette is become the grand engine of these operations; if the bigger part take satisfaction therein, I shall be content to set with the minority.
My sphere in life and the business to which it has confin'd one, has occasioned me the honor of being for many years, well acquainted with Captain Mowat both in England and America; with his connections, and interests in one and the particulars of his business in the other.
Whilst my wonted address has insensibly led me to use the word Captain , I must beg pardon of the learned narrator, if, in the sequel, I should not see cause to adopt his correction of the Public in the title usually given to that Gentleman: the importance of the trust on which he is employed will evince the world that he is not under any censure which prevents his rank: Charg'd with more characters of trust than one, that Gentleman has commanded his Majesty's Ship Canceaux now ten years, and upwards; and that upon a service, in many respects the most difficult and momentous perform'd by any vessel belonging to the King since the conclusion of the late war; And had he not acquitted himself beyond the reach of censure in his several departments, it is not very probable he would have been suffered to fill them so long.
Not inattentive to his conduct in his present employment, I have not neglected particularly to enquire concerning it of the inhabitants of those parts to the Eastward of us, where he has been station'd for some years past; all assert, that whilst using the utmost assiduity & faithfulness in the service of the crown, he has always acted as a valuable Friend to those Eastern settlements; ever despising things mean and low-lived, he has given no molestation to the trade of these Regions, that his humanity to the distress'd, his sympathy with the afflicted, his generosity to the poor, and the modest sobriety of all his personal deportment made him a protector to the one, a relief to the other, a benefactor & pattern to all: the influence of his example was evident in the order and decency of all his men; so that to the honor of the Canceaux it may be told, that the vices commonly charged as the disgrace of the British Navy, were never tolerated and very rarely seen on board of her.
My long experience of that happy mixture of nobleness and gentleness that composes his general temper, made the accounts given of him by this author not a little surprizing to me; more surprizing still, that, if they were unjust, Captain Mowat should have sailed for Halifax without contradicting them: whether a Contempt of these invidious creatures (which however loudly they bark are not able to bite, or wound a character that defies the Sons of slander to fix on it the brand of one infamous or ungenerous act) or a resolution to take other measures with them, has determined his silence, I cannot say; & whether my present essay for his vindication shall have his countenance I pretend not to foresee.
But having very luckily got in my possession a particular account of the transactions narrated by this writer, I think it a duty I owe to my friend, to mankind, and to truth, to endeavour in his absence, to strip these facts of the veil of fiction and perversion under which they are disguised.
Who this ingenious narrator is, I know not, nor what his motive: but I shall not treat him fairly if I do not make it evident to the public that, himself or his doughy client has, whether wilfully or not, distorted every fact he relates, so far as Captain Mowat is concern'd.
With what concerns Malcom I will not intermeddle,
not having any knowledge of the man, or his ways: nor need I take any notice of those parts of the narrative which relate to the conduct of Collector Waldo ; that Gentleman being on the spot can judge for himself how far it is incumbent on him, to reconcile his clearing out the Brigantine Brothers without a Register, to known law, to his commission, to his oath of Office.
There are however some articles in these parts of the narrative that have a just claim to some of my regards: he celebrates the owner of the Brigantine Brothers in very pompous terms, as a person of character and fortune: whatever his character for fortune may have been, I must be excused from allowing that his character for knowledge or honesty was deservedly great, it brought to the touchstone even of the narrator's report; his knowledge was very small if he saw not, his honesty but light if he cared not for the iniquity of the erasement which the conscientious author passes by only as a slight, inadverting Forgeries of smaller moment have brought some to the Gibbet, to the Pillory not a few.
Though done with so much art as to escape Mr. Waldo very often, it does not appear to me, that its ingenuity infers its innocence: at this rate tis not impossible that one register may be made to serve for as many Brigs , Snows , Ships &c. as there are Brothers in all England: tis only erasing one word and inserting another; I see no more difficulty in forging a name for a vessel, than for an owner, yea, & for the place of building, the tonnage, or denomination of said vessel, or even for the signers of the Registers themselves: and why might not every owner make a Register for himself? sure he may know all the qualities of his own vessel as well as the man who writes his Register; and why might not the Master make out entries, clearances, permits and every other paper necessary in trade; this practice might soon become a general advantage, as hereby there would be less need of the Custom-House, and much trouble would be saved to it.
Collector Waldo has, I think as little cause to thank this writer for telling the world, that he stands ready to clear out every comer, whether with the law, or against it, as he has to be oblig'd to Capt. Walker for assigning the reason of this lenity, as lying in a Fee of £. 49 old tenor for his clearance: he that can give credit to the one report, will leave himself indeed very little reason to doubt the other.
But poor Lamb ! this is not the only place he has been in the shearer's hands, a certain Carolina deputy (without name or place of abode) it seems, has shewn some inclinations for his golden fleece long ago: what attempts that ravenger made on his wool is very problematical: this we are sure of, that, by looking wishfully at the Captain's pockets, or some other sign, he let the Captain understand he was suddenly taken ill of a longing for 3 or 4 Guineas: tho' whether 3 or 4 is quite uncertain; 'tis commonly said, that longing women do many whimsical, unnatural and irrational things: perhaps this disease may produce like effects in both sexes; if so, this will account at once for the deputy's daring to destroy an old Register, before a new one is given; we need not ask a better reason why he should first tear a Register to gain 4 Guineas by it; and then clear out the vessel without one, and get none at all; for I hope the judicious Captain did not choose to cut 4 Guineas out of his fleece, and give it to the Collector for leave to sail without a Register, rather than with one; all this persecution, it seems, the poor man suffered for conscience sake, for not daring to make Oath to he knew not what; and when a serious reader sees in Capt. Walker so just a reverence of an Oath, that he refuses at all hazards, to swear to the property of his vessel whilst the owners are at so great a distance, and he knows not how many shifts and changes may have been made amongst them since his departure, he must needs receive much cordial satisfaction if he should be told a real fact, that this same conscientious Captain did actual swear to the property of the said Vessel in the same circumstances at Portsmouth, without any greater nearness to his owners, or certainty of their existence, how must he be shock'd at the contrast? What account will he be ready to give for this Gentleman's Principles? Will he say, that the whole Carolina story, like the erasement itself, is a mere forgery? Or rather that the good Captain's conscience, tho' naturally made of stiff sole-leather, grew pliant, and stretched to the rough and frequent handling it met with.
The next parts of the narrative consist only of well-meant essays of the author's good breeding; to pay his best Compliments to a certain Pownalboro' Captain, &c. &c. as monuments of the writer's delicacy and politeness.

ness, I confess they engage my admiration, but in any other sense I am not concerned with them, for whether the militia Captain having got evidence of a Breach of the Law, was not bound to give notice to the nearest proper officer? Whether that officer could do less than make a seizure in that case? whether that Captain if properly applied to was not obliged to afford necessary protection to the officer in discharge of his duty? And whether either of them acting so, are worthy the persecution of the press on that account? are questions which belong more properly to the publishers of the narrative than to me.
I therefore proceed in order, to what relates to my undertaking; and here it would be like cleaning the stable of Augeas, formally to recite all the misrepresentations of the performance in view; I shall therefore refer the reader to the narrative itself; and confront it with a relation of the matter of fact, so far as the proofs in my possession will authorise.
Some time in October last John Malcom, preventive officer for the Port of Falmouth, came on board his Majesty's Ship the Canceaux, then lying in a Place near Kennebec, called Townsend harbour, and presented a formal complaint; purporting that for taking in a cargo without a permit, as also for being destitute of a Register, he had lately seized the Brigantine Brothers, now lying at Wiscasset; but unable to withstand the insolence of the people, had been obliged to quit the possession of her; and therefore had repaired on board his Majesty's Ship to obtain assistance to enable him to retake her: which assistance he required immediately: Capt. Mowat ever unwilling to be officious in such affairs, only sent a verbal message by Malcom to Mr. Hogg, master of the Canceaux, then on duty near the place of seizure, desiring him to enquire into the truth of this story, & invite Capt. Walker on board with his papers; Mr. Hogg far from being disposed to give any of his Majesty's subjects trouble in their honest callings, delayed the delivery of his Message, until Mr. Malcom had made a fifth visit on board the Canceaux, and brought with him two men to swear that a certain Mr. Wood at Wiscasset was stirring up a mob against said Malcom; who then declared if no aid was granted him, he would forthwith complain to the Admiral, the Commissioners, the Governor, and the Lord knows who.
Wearied out with his remonstrances, and suspecting there might be so much ground for them as to make it a duty not utterly to neglect them, Capt. Mowat, at last, sent by him a written order to the said Mr. Hogg of the same purport with the message above; in obedience to which, Mr. Hogg repaired to Wiscasset, and from a tavern there, sent a polite billet to Capt. Walker on board, desiring to speak with him; the Capt. soon came, and after some necessary questions, asked and answered, in the greatest good humour on both sides; he was persuaded to go to the ship: But how great was Capt. Mowat's surprise to hear from Walker's own mouth a confirmation of the story of John Malcom; the case was so bold an infraction of the law, that Capt. Mowat on such evidence , was convinced he could with safety no longer pass it unnoticed; he found himself obliged to order seizure; and this constrained Mr. Hogg to undertake a second Journey; he repaired on board said Brig, and having made a seizure in form, committed her to the custody of an officer belonging to the ship.
Giving full credence to Walker's tale, and believing that no fraud was intended by him, Capt. Mowat resolved to befriend him in his distress, as far as might be consistent with his office, he therefore advised him to go in person and lay the matter before the hon. Board himself; before any other representation might reach their ears; at the same time he condescended to write letters, both to Admiral Montague and the Commissioners, containing such an account of the matter, as might engage their candid and favourable interpretation of the said Walker's story, and to save charges to the said Walker, Capt. Mowat at his own expence, generously sent a vessel of his own to transport him to Boston, and to prevent any unnecessary detention of the said Brig, he permitted the Mate to complete her lading, as if she had been under no restraint.
On the return of his Tender, tho' without the said Walker, or any hint from him of the least notice taken, of all this kindness, he received a letter from the Admiral, fully approving the steps he had taken, and ordering him in what remained to be done, to obey the directions of the Commissioners. In company with this, arrived also a letter from that Hon. Board, returning their thanks to Capt. Mowat, for the support he had herein afforded to the Laws directing and requesting him to keep the possession of the Brig Brothers, until she shall have been condemned or liberated by the judgment of the Court of Vice-Admiralty.
Before this time Capt. Mowat had hopes he would have been released from this charge, by an order to deliver her to some person in trust for the said Court; or at least that he might get rid of the trouble, by simple obedience
to the law, and his general instructions, which jointly required him to deliver her to the next Collector within his station.
But now he found his way hedged up on both sides, if he will obey the letters now received, possession of the said Brig he must not quit, and yet being under sailing orders, in Townsend harbour, he must no longer stay: one path only remained open to him, and that not void of risk and pain, viz. to take her with him to the Place to which he was destined; for this cause he immediately dispatched a Party and brought her along side; where after a short Delay, by reason of the weather, the wind at last blew fair, anchors were weighed, top-sails loose, when lo! in a boat with six oars, appeared a certain Mr. Wood, who has it seems, resided in those parts some years in the quality of a trading Factor for a merchant in Boston; and is said to be noted in that country for nothing personal, but rude ignorance and self-sufficient impertinence, for nothing in practice but the achievements of low cunning, and the inventions of avarice and extortion; in all which, his importance to his neighbours is sufficiently felt, and honestly acknowledged, by the poor inhabitants all around him.
This is the Gentleman of the narrative, and the only Gentleman with whom the Author seems to be acquainted. He is describ'd as the Friend of the distressed Walker; we must not ask why? lest it be discovered that his own interest was at stake; he it was that loaded the Brigantine Brothers. This is the modest Gentleman of Pownelborough, who by the narrative would appear to have found himself in the court of admiralty by mere accident, as undesigned by himself, and as unexpected by Walker, as if he had just dropt from the Moon, and it seems with such reluctance to ascend the honourable seat mark'd out for him by his propitious stars: But shall I whisper a secret to the narrator? This same Mr. Wood had actually gone to Boston on purpose to attend this court, to buy the said vessel when condemned, or if possible insinuate himself into some service about her, by which he might get possession, have her apprised at a trifle, give bond for the sum, and then send her off never to return; and in pursuance of this plan had made all the interest he could to be recommended to the post of Servant to the Servant of the court of Vice-Admiralty; and had been obliged in fact, to find bail for his honesty, before his said Master would entrust or commission him.
Having thus compassed his ends, he returned full of the pomp and insolence of office; rowed directly for the Brig Brothers, boarded her, and (as was said afterwards) staid just long enough to tell somebody there that he was a MARSHAL ; went instantly on shore, where he found Capt. Mowat on the point of setting out to take a ride, as the wind had shifted & he could not go to sea.
Here commences a part of the narrative that surprized me exceedingly, my knowledge of Capt. Mowat from his youth to this Day, made the account of oaths and imprecations utter'd by him against any men, vain threats of putting Commissioners, Judges, &c. in irons, or of receiving a deputy Marshal with a broad side, extremely improbable to me; he being among the last of mankind from whom I should expect behaviour of this sort: But knowing that he that is mortal is also mutable; and considering these things as coming from the Mouth of a deputy marshal of the court of Vice-Admiralty, and that when making solemn return of his doings, on a special warrant; I could not but regard them as the Marshal's oath, for if on oath in the execution of his office, he can be no less so in the narrative he returns of his diligence therein: possessed of such views, I could not refuse full credence to Wood's report, until I was the other day favoured by a friend with an attested copy of the testimony of an officer of undoubted character, for integrity, sobriety, and every private and social virtue, who was on the spot during the whole transaction; as this testimony bears every mark of truth; and effectually undeceived me from it, I shall extract a few things, not doubting but when I have access to request it, I shall have the Gentleman's leave to publish the whole; he informs us among other things that being call'd to accompany another Gentleman (whose name is not mentioned, but is become well known since by his thrusting himself into the quarrel in Wood's behalf, more than become his station) to visit a sick person, they were about to set out on that errand, Capt. Mowat being hailed by a stranger from the brig which lay near, and desired to stay; for that a Gentleman wanted to speak with him, he requested the deponent and the other to stop with him; that Mr. Wood came ashore in his boat, to whom the other man being known, stepped up, and after some salutations introduced him to Capt. Mowat and the deponent; that Mr. Wood without the least ceremony of hat or tongue, offered Capt. Mowat his left hand, which however Capt. Mowat received with every mark of politeness save taking off his Glove: Without further preface the dialogue began; thus, Wood, Where is Mr. Hogg? Mowat, Ashore at that red house sir. Wood, I have arrested that there Brig. Mowat,

Mowat, Have you fir ? Wood, Yes, and taken possession of her. Mowat, By what authority pray ? Wood, As the Marshal of the court of vice admiralty. Mowat, Have you a commission from that court to do so ? W. I do nothing without orders. M. Will you be so good as to let me see it. W. 'Tis in my pocket---but (after some pause)---I dont care you may see it, here he took out a pocket-book, and presents M. with two papers, which M. reads and then returns ; and sometime afterwards M. informed the deponent, that they were only a power from the marshal (not the court) and a copy of a libel in Malcom's name ; whilst M. reads, W. turns to his acquaintance, asked some trifling questions, and relates to him several things about the trouble Malcom had given him, the Governor telling him that Malcom had said, the Brig had landed Tea at his stores, but that she had only landed Hatts ; that there was no danger of her being condemned, that they had given bond to produce the register, and had nothing to prove but that she was British built, that they had got time enough to do it, that poor Capt. Walker had met with great hardships &c. &c. whilst these things passed between W. and his friend, Capt. M. very calmly says, I am very sorry for him, I have done all I could to help him, have you no letter from him fir, ? W. No. Have you none from the Judge of admiralty. M. No fir, W. Has not squire Stimson been here ? M. He is now in Town fir. W. has he brought you no letter ? M. none fir that I have seen. W. that is strange, he is appointed one of our apprizers ; soon as that was done, I set out by land, he was to come by Water, I expected he would have brought you letters. M. Capt. Walker has been very imprudent in exposing himself and vessel so, and I know not how far you have acted prudently yourself fir. W. I know my business. M. then you might have known fir, that I have been Walker's friend, have done much to serve him, and that it was far from me to wish the condemnation of this Brig, that it was in obedience to the law I had taken possession of her ; I should have been glad to have been able to pass it unnoticed ; I hoped that in charity the Commissioners would have credited Walker's words, and I should have had orders to deliver her, but instead of this I have received orders to keep her in my possession and at the same time to sail for Portsmouth.-- In obedience to which I have moved her, and must take the further trouble of conducting her to the port assigned me if I can : therefore as she was in my possession, you should not have boarded her, until you had first made your errand known to me. Wood, I have got possession of her now, and I will keep it, whoever be offended :— Mowat, Sir, no man can board her without my leave ; she is legally in my possession, I have orders to keep her, and until I have orders to deliver her, I must detain her from you Sir, and from every other claimer. Wood, I care not for that, I intend to keep her now, I fear no consequences ; the Commissioners and Judge of Admiralty will bear me harmless. Mowat, were all these Gentlemen in your place they could not take that vessel from me, until orders from my commanding Officer, should impower me to quit her : nor would they think of boarding her as you have done Sir, without my consent. Wood, I'll bring her to sail & take her to Wiscaasset immediately. Mowat, will you Sir ? Wood, that I will at the peril of my life ; I will do my duty at the peril of my life, and at the peril of it I will instantly carry off this Brig, oppose me who will. Mowat, That is a fine speech indeed ! you are welcome to do the duty assign'd you in your warrant, but taking away this vessel is no part of it, you may go on board and are welcome to a passage to Piscataqua, whether I am bound ; but give me leave to assure you that whilst there is Powder and Shot on board that Ship, you shall not carry off the Brig Brothers, until a fresh order shall put it in my power to deliver her. Wood, I have power to command 100 men. Mowat, Should all Wiscaasset appear at your back it would avail nothing in this case,— with these words they left the deponent and the other man, and rowed off, Wood on board the brig, and Mowat on board his own ship, & no more passed between them ; the deponent proceeded on his journey and saw Wood no more : this however is the substance that passed on that occasion, and as nearly as can be remembered, in their own words, in all which the deponent particularly remarks, there did not one word of damning, swearing, putting in irons, firing broadsides, escape from Captain Mowat's lips in his hearing, nor any sentence unbecoming a Gentleman to a Gentleman whether respecting Commissioners, Judge, or any other person. From all which I have sufficient Ground to conclude, that every syllable of that nature contained in Wood's report, is mere fiction and downright falsehood.
Nor can I pass any other judgment on what he says about delivering the Brig to the Mate and Crew, taking inventories in the Cabbin, &c. I have in my possession the deposition of another officer, who with two or three of the Canceax's men had kept post on board the brig, and was present all the while Mr. Wood was on board, and heard all that passed between him and any other person ; and testifies there was not a syllable read or spoken, in his hearing, under pretence of serving a libel, committing custody, charging men to his assistance, nor any motion towards taking an inventory of any one article on board ;
that some time after Mr. Wood returned from Captain Mowat, he saw Mr. Hogg come on board the brig, but saw no arms with or about him, that none from the ship boarded said vessel while Wood was there, save Mr. Hogg only, that he heard him tell the Mate, that Capt. Mowat desir'd to speak with him and his hands ; that Mr. Wood answered, these men were under nobody's command but his, and he would not permit them to go, to which Mr. Hogg replied, that who he was, or how these men came under his command, he knew not, but that he did not care for that, & would only do his duty, upon which he turned to the Mate and to the rest, and ask'd if they would go : and without the least symptom of violence they instantly went in his boat leaving only the deponent and his men on board with Mr. Wood, whom Mr. Hogg also invited to the ship : he staid some minutes ; but employ'd in nothing but railing at King's Officers, and after he had exhausted his artillery tolerably in this way, he push'd off for the Canceax : hence may be seen what truth there is in his tale about a boat full of armed men taking away by force the men that guarded his seizure.
When Wood came on board the ship and was introduced into the cabbin, where he found the Captain, a certain Justice Stevenson, and another Gentleman, he alter'd his tone, express'd his concern for giving offence, pleaded ignorance, said he would give 100 dollars to have the prosecution in Capt. Mowatt's name, even if the brig should be condemned, that Malcom might be shar'd out, &c. &c. ; upon the whole Capt. Mowat excus'd him, told him to do the duty of his warrant and offered him a passage in the said brig, or ship to Portsmouth, or even propos'd to leave a Tender for him, if he should not be ready as soon as these vessels sail'd : after a short delay Wood went off, and Capt. Mowat heard from him no more, save that sometime the next day a man came on board in a float and said he was sent by Mr. Wood to serve a libel from the court of admiralty on that brig ; but hearing that Mr. Wood should have done that himself, he return'd without going on board the Brothers at all.
Captain Mowat soon after sail'd for Portsmouth, where having delivered her to the Collector as the law directs, he had no more to do with her save his concurrence with the Collector's desire, respecting keeping possession, so far as might correspond with the orders of the Admiral mentioned above.
Mean time Wood having repair'd to Boston, he by some means obtained a liberation for the Brig ; with which Captain Walker came immediately to Portsmouth, and presenting his writ of delivery to Captain Mowat demanded his vessel : the Captain replied he was very glad to be releas'd from the troublesome duty of keeping said vessel ; as he might now quit her consistently with his orders ; but that she was in the Collector's hands & that he must refer him to the Custom House : for that having done his duty he had nothing more to do with her.
The author of the narrative remarks that Captain Mowat had destroyed a new cable value 50l. I. M. and greatly damaged the vessel ; by the accounts given repeatedly by the Officer who commanded the Brig, as also by several of her own crew, I am able to contradict this observation peremptorily, and to assert that the said vessel suffered no harm in any part of Hull or tackling, during the time she was in the Canceaux's care, the greatest pains having been always taken to secure her ; nor was there at the end of that time the least appearance of her being more leaky, in any respect than at the time of seizure ; and as to the cable, there is no more truth than the following will amount to : in the passage to this Port, they were oblig'd by a hard Gale, to bring both the Ship and Brig to anchor in Winter harbour ; in the height of the storm the brig appeared to be in danger, upon which for her preservation Capt. Mowat ordered her to slip and run into the Pool, and the cable she slipt to be taken on board the ship ; which instead of needing assistance from the brig, was then riding safe by two anchors, & had a couple more with good cables to spare : the brig rode secure the remainder of the gale ; here I have sufficient proof that only the end of the brig's cable was fastened to the ship, that that end was secured with new service by the Boatswain in the best manner in his power ; but that notwithstanding all his care, before the storm was over the service was galled through, and a few yarns towards the end of the cable were worn off, but that the whole damage could be repaired for less than one shilling.

To return, Walker having thus been referred to the Collector, went and demanded the delivery of his Brig; that Gentleman had received no authentic account of her being libelled or tried, condemned or liberated, nor any directions from the Commissioners respecting her; prudently resolved to do nothing about her until he should hear the pleasure of the board, the which he expected very speedily: but the clause in which the narrator charges him with, as interfering between Walker & C. Mowat have the best reason to judge as groundless as it is absurd. 2dly. Because if Capt. Mowat had any differences with said Walker 'tis very certain he was capable of bringing them to issue without troubling the Collector with them. 3dly. Because I know the honor and discretion of the Collector too well, to be easily brought to believe he would meddle with any body's quarrels. And 4thly, Because in this instance, Walker told the truth, there never had been any difference between Capt. Mowat and him: on the contrary Capt. Mowat had always treated him with the utmost tenderness, had entertained him and his men too very often, and had done every thing in his power to serve him, and at last upon his petitioning Capt. Mowat not to prosecute, as he, his mate and all his men must be ruined if he should; for that he, besides his wages, had a demand of 100l. Sterl. against her, that 36l. was due to the Mate, and 19l. to each hand on board, Capt. Mowat in mere compassion freely resigned up to him the part he had a right to claim in the said vessel in behalf of the Canceaux; and this he did not without much grumbling & many remonstrances on the part of the Sailors of the ship, whose troubles and fatigues with the said Brig had really not been small: nor yet without much blame from many of the principal Gentlemen in Town, who unanimously judged her so liable to condemnation and so much in Capt. Mowat's power, that she should be reckoned nothing less than a free donation from him to Capt. Walker, and that acts of this sort did not only wrong himself, and men, but the King, and every honest subject following lawful commerce; as hereby he gave publick encouragement to the most flagrant violations of law, and permitted disorderly persons to trample on all the regulations of trade with impunity.
We come now to consider the affair of the celebrated Bond, of which such honorable mention is made by our author: however great the gift, several Steps in Walker, and the whole of Wood's conduct had given good ground to doubt whether the gratitude of the acknowledgement would not be very small. Capt. Mowat well knew that the law afforded sufficient protection to every Officer from the revenge which incensed owners, &c. might wish to take in such cases: the Judge of Admiralty being obliged to take the whole trouble (of seeing them indemnified) upon himself; that even where the judgment of the court before which any seizure is tried, shall be given against the prosecutor, all charges attending the Seizure and prosecution, shall be paid out of the revenue of customs; that for whatever cause of forfeiture any vessel is seized the owner must prove the matter in dispute: that in case judgment is given for the claimant, and there appears to have been a probable cause of seizure, the Judge or court shall certify the same on the record; and then if the seizure was made upon information, the defendant shall have no costs of suit whatever; nor shall the seizing officer be liable to any action, suit, or prosecution on account of such seizure or its consequences; and in cases when the seizure was made without any information, if any suit, or action is brought against the officers concerned therein, in any court of record, & a verdict given against the defendant, the court shall certify on the record that there was a probable cause: and then the plaintiff shall not be entitled to more than two pence damages, and no cost: nor shall the defendant be fin'd above one Shilling: and that if in any such action the defendant plead the general issue and give the acts of parliament by which he was led, in evidence, the jury is obliged to find for the defendant: and in case the plaintiff is non-suited, discontinue his action, or judgment goes against him, then the defendant shall recover treble costs; and have the like remedy for the same as defendants have in other cases by law.
Yet as some Masters and owners have been known to trouble Officers, & Judges on such account, to prevent needless suit it has been usual to take a bond of indemnification from the party; and forms of such bonds are given out by the board, and it is recommended to their officers in such cases always to use them; therefore Capt. Mowat thought proper to advise Mr. Hogg the seizing officer in this case, to take one such from Walker: Mr. Hogg produced the form, which had been delivered to him by the Honorable Board, and which in obedience to their instructions, he had been wont to make use of, upon delivery of seizures; this is what the ingenious narrator calls "a budget of oaths and acts of Parliament with which Mr. Hogg was furnish'd;" doubtless meaning thereby to expose to ridicule a Gentleman who has acquitted himself honorably, in various offices, during a long course of years in his Majesty's service, and whose conduct, on the whole, has been as unexceptionable, as perhaps that of any officer in his station under the King.
Upon the mention of this bond to Capt. Walker he expressed the utmost readiness to execute it; and could engage for himself and every man concern'd; it was immediately copied verbatim from the said original form; and upon signing it, he, the said Walker did, in the presence of the Collector, Mr. Joshua Wentworth, and several other Gentlemen of note, declare himself under the greatest obligations to Capt. Mowat for numerous acts of such kindness and generosity as can rarely be met with, he professed the highest gratitude and repeatedly express'd his intentions of representing to his owners how much they are also indebted to Capt. Mowat's goodness.
The Public are now somewhat able to judge what regard to truth they may expect from such friends of liberty as this narrator: who has industriously laboured to persuade the world that this bond was extorted by Capt. Mowat, and Captain Walker was compelled to execute it.
This however is in unison with the following strains; his history of the bill of Fare comes very little behind that of the bond: concerning which I am able to convince him that with respect to several of the most necessary articles, the brig's provisions were spent before she sail'd from her place of loading: hence Captain Mowat was oblig'd to victual her crew some considerable time on board the Canceaux, and also to spare her out provisions for the voyage and for most of the time she was under his care; upon delivery of said Brigantine the clerk of the ship knowing by the rules of the navy he was chargeable with the price of all the provisions expended, applied to Capt. Mowat to know where he might look for his pay for victualing the brig; the Capt. in reply, ordered all that was given to his own men when on duty in the brig (which was not inconsiderable) and all that the crew of the Brig had on board the Canceaux to be charged to himself, that he would give them at his own cost, and to call on Capt. Walker only for what provisions the brig's own people had used on board their own vessel; setting every article at the King's price; and upon the clerk's reporting some time after, that he had observed the said order, but that Capt. Walker said he did not allow his Men Butter nor Rum, Capt. Mowat instantly ordered both to be deducted, and charged to himself; which being done, the Clerk instead of the 5l. pay mention'd by this writer received only Walker's bill upon his owners, for £4 10 0 remainder.
This Bill is set forth as another instance of Capt. Mowat's tyranny and imposition; and to shew that it could be no less, we are told that no provisions could be wanted by the Brig; for she had just taken in a stock sufficient for her intended voyage; and hence we are left to conclude, that no victuals have been spared her at all by the ship; and the account is only trump'd up to serve the Captain's grasping purposes, and to oppress poor Walker, at a time when he durst not resist; in this article we see how necessary it is for a wilful deceiver to have a good memory, the want of it often makes one part of his tale to prove the falsehood of another, this has been the misfortune of this writer more than once in the present
publication: the paragraph now in review affords an instance, hardly to be overlooked by the most inattentive reader; just before his Epiphonema he asserts that Capt. Walker furnish'd his vessel with provisions for his voyage, at this port, after having cleared out for departure, and in a note which comes in immediately after it, he seems greatly surprised Capt. Mowat should take it into his head to charge any provisions to that vessel, as the Captain had taken in every thing necessary, in good store, for a voyage to England, before he left Wiscasset; when the reader however sets these two accounts together, let him not indulge too great severity in criticism, for it must be remembered, the fault lay much in the materials which the writer had to work on, and from such discordia, semina rerum, it must be confessed, it was no easy matter to form one consistent piece: had the narrator been at less pains to confute himself in this particular, I am furnish'd with sufficient matter to do it for him; there now lies before me, the testimony of a Gentleman of the Canceaux, who commanded the Brothers on the voyage to Piscataqua, by which it appears, that for several days on duty in said Brig, he was without bread; and that he often heard the people complain of the want of Provisions, and knows, that if they had not been supported from the Canceaux, they must have been reduced to great extremities; and agreeably to this the officer that carried Walker to Boston, testifies that when at that port, said Walker represented to him that his provisions were out; and earnestly intreated him for leave to send by him several casks of stores in the Tender to said Brig, then at Wiscasset.
Lest all this coloring might not prove sufficient to paint Capt. Mowat in a form disagreeable enough, our author must at the expence of one masterly stroke more before he takes leave of his subject; he tells us that to shew his tyrannical Temper to the full, he robbed poor Walker of his own apprentice: Oh wicked Captain! why might not another Hand have served thy turn? since thus no Damage would have accrued to Captain Walker, and let the hands do for themselves: to this I reply, that it is indeed truth, that a boy from the Brig Brothers is now on board the Canceaux; whether an indentured apprentice or not, my authority does not say: but another truth is, he was not received by Capt. Mowat until he had repeatedly petitioned him, for leave to take shelter on board of that, as a King's Ship; for that the inhumanity of his Master Walker was such, that he was unable to live with him any longer; Capt. Mowat repeatedly put him off in hopes his Master would use him better for the future, and not having occasion for more men, at that season of the year; at least, some time before the departure of the Brig, the boy came on board, and with tears intreated to be received on the list, and at the same time declar'd, that rather than hazard the treatment he might expect from Walker on another voyage, he would take refuge in the Flag-Ship at Boston; whether Capt. Mowat, as a King's officer, could, after all this, refuse an asylum to the distressed youth, the public are at liberty now to judge.
At last we have done with Capt. Mowat; but not also with the Narrative: That this miserable picture of distresses may the better recommend the imprudent Walker, to the Charity of his owners, and of the next Judge of Admiralty with whom he has to do; it concludes with a new scene of misery; by which the reader may be persuaded that the said Walker suffered not only from a Malcom and his Captain, a Mowat and his Commissioners, but also that the Officers of the Crown at Portsmouth, in all departments, were combined for his destruction. Judge, O ye wise men! will it be a wonder if Capt. Walker, and the Brig Brothers should resolve never to trust themselves to an American Coast again.
After this, it is presumed, that the Hon. Judge Achmuth will not be tempted to value himself over much, upon seeing his impartiality extolled by a panegyrist whose only talent is defamation and falsehood; and whose only worthies, besides his honor, are John Walker and Abel Wood. Greater wonders have happen'd since the age of miracles has been ended, than I should reckon it, if I should hear that this same friend of liberty, and of Judges of vice admiralty, for one dollar from the other side, should take the liberty, the very next post, thro' the same trumpet that conveys his praise, to propose to this same Judge of vice Admiralty some serious queries on his late popular exploit, that may require all his honor's skill in oratory, logic and law, fully to answer.
Thus I have endeavoured carefully to follow my Author, and set the Facts right which he had so grossly perverted; I am sensible, that for the proof of some remarks that have been made, the public have a right to demand certain letters and depositions that have been referred to; attested copies are in my hands, but originals only will answer the end, these the Canceaux has carried to Halifax; and on her return, I scruple not to promise, that all that are required, will be at the service of the public. In this confidence, I rest in the persuasion, that upon a candid comparison of this Essay with the production that has occasioned it, even a Walker, a Wood, and a Wood's Attorney will be forced to feel.
But however my Fancy may mislead me here, there is one point in which I am as infallible as a Pontiff; because 'tis the only one in which I have the honor of agreeing with my author; viz, if neither of these Gentlemen have any feelings, the purses of the owners will be much more sensible; before Mr. Wood is satisfied for his mighty services, and his and Capt. Walker's attorneys at Wiscasset, Boston and Portsmouth, shall with all their hearts cry out enough.
Heartily tired of pursuing my historian thro' all his Fox holes, I very willingly take my leave: I cannot do less for so able a writer, than pay him one Complement more at parting; in imitation therefore of his beautiful prevarication, I conclude with a prayer of no less piety and necessity than his own.
From owners of Brigs that make no conscience of erasing and forging letters, syllables and words at pleasure, that scruple not to send off Captains to Sea, openly exposed to the goal or gibbet for sake of the forgers, in circumstances that oblige them to the loss of their property, or of their souls in its defence:
From Captains that will solemnly assert one thing in this port and swear the contrary in the next they arrive at; that will fawn and complement to the face, and basely defame when the back is turned:
From griping factors, turned deputy marshals, that to-day will head or hire a mob to revenge the seizure of a vessel, to-morrow be hir'd to libel the same:
From Attorneys, that for one dollar will write four columns of falsehood and defamation; and from Printers that for a few more will publish them, Good Lord deliver the human Race! a prayer to which I have not a doubt, but all the people will say-----Amen.
Candor.
Portsmouth, New-Hampshire, April 19th, 1774.