Robert Treat Paine Papers, Volume 4

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From Sally Cobb Paine

4 June 1779

Trial notes

RTP

Supr. Ct. Concord April 1779

Paul Revere vs. Cartel Minerva, claimed by Col. Crafts vs. Revere, & by State vs. all1

Septr. 1, 1778. Order of Council, to Genl. Heath to take charge of Castle

Do. Genl. Heath order to Col. Revere to take command of Castle

State Law. Page 45. shall be found within the State by this any person may take with Cmsn.

Resolve of Congress. p. 12: actually engaged in taking the prize, by the people of the Country:

State Law. P. 57

Wm. Salsbury, Col. Revere desired me to go on board the Cartel with him, I went on board, Jany. 31 on Sunday morning. I supplied Col. Crafts Regt. with Provisions. 90 Wm. Gordon. I went on board Friday evning. before: Col. Revere had desired me if Cartel came up to go on board, & he got up abt. sun set: I found Capt. McClure on board, he sd. he was going to carry the Capt. of Cartel up to Town, Sunday morning we seized the Goods & put a Guard on board by Genl. Gates order. Friday night we recd. orders from Genl. Gates to put guard on board. I have seen a paper containing orders not to let Cartels pass & I went & ask on Saturday by orders from Genl. Gates on Friday Mr: Dana for State all captures made by Subjects of any State are in the sd. Instant to the use of the State that the Sovereign have power in sch. instances to make captures & have powers to distribute 10th Novr. 1775. Resolve to empower persons, with Comson. to take prizes; vessells brought in, within 30. Leagues April 23. 1776 Resolve that Sea Coast men shall have but 1/6 not 1/3 Objd. to as a private act. assented April 16. 1777 Resolve the Establishment of Col. Crafts Regiment. Decr. 7. 1776. Resolve, of distribution of Q. of England, 2/3 to State 1/3 to Col. Crafts & Whitney, Vattel2 B.3. Ch: 19 § 164, of Booty, it belongs to the Sovereign makg War, because he maintains them 2 Burlemaqui 299 P. as the right of War is in the Sovereign, the things taken belongs to them Mr. Morton for Col. Craft’s Claim 29 July 1777. Order to Col. Crafts to put the Fortifications in order Jany. 12 1778. Order of Council, Castle & Crafts Regt. put under Genl. Heath Jany. 13. 1778. Genl. Heath order to Col. Crafts July 27. 1778 Do. Do. Do. July 1778 abt. the Castle Do. 20. Jany. 1779. Gates orders to Col. Crafts to search the cartel & return by Col. Revere. Feby. 1: 91 a cartel not a prize, no capture formed within State not to be taken witht. Comsn. if they take at all it is Sea Coast men what did Revere do? as Comdr. of Castle he was obliged to stop her.

MS .

“The Jury find that the goods Wares and Merchandize and ten fire arms which were found on board the Ship Minerva were British property not under protection and ought to be confiscated, and that one third part of the amount thereof be adjudged to be shared by Col. Revere and his detached party doing duty on Castle Island as Sea Coastmen, Libellants. The other two thirds to be adjudged to the Govt. & People of this State and that the Claim of Col. Thos. Crafts is not supported—And that the Vessell and her Appurtenances are not subject to forfeiture”

(Superiour Court of Judicature Minute Books, Middlesex County, Apr. 1779. Massachusetts Judicial Archives, Boston, Mass.).

Extensive additional notes by RTP on this case appear in the Paine Papers, including a summary of the background information, notes from “Extracts from a Treatise of Captures in War, by Richard Lee Esqr. London, 1759,” a list of documents found upon the Minerva with a detailed list of her cargo, and a chronology of the case.

Emer de Vattel, The Law of Nations; or, Principles of the Law of Nature: Applied to the Conduct and Affairs of Nations and Sovereigns (London, various editions, including 1760). RTP had a copy in his library.