Salem July the 9th 1779 Sr.,

I1 take this Oppertunity to Inform you that One Simon Burn2 Late of Nova Scotia had Liberty from the Councel Board of this State the Seventeenth of Novembr last to Bring Up his Family and Effects from Nova Scotia, But in his out ward bound Voyge Did, as I am Inform’d, take into a Small Schooner Boate called the Rosalle of about Ten Tons Burthen about Nine Barrels of Turpintine more or Less, with Some Other Stores which ware not Duly Cleard at the Navall Office for the Port of Salem, which he saith was Landed at Pemiquid3 In this State, But no Certificat has yet Appeard of his so Doing, Some People have Sugested that the Said Turpintine was Carried & Landed at Nova Scotia But as there was a Vessel a Bulding for a Mercht. belonging to the town of Salem at Pemiquid, there may be some Foundation for Said Burns Assertion that it was there Landed—or Part there of, what May Turn Out in Evidence If Prosicuted I am not Able to Say.

The Boat is Small & Very Old and but of Little Value I belive not Sufficant to pay the Charges of Prosicution as there was nothing Brought up in her but Fiftean of our Prisners, which he Says he was at the Expence of Suporting them with Necessarys for their Passage from Nova Scotia Except Three Old Sales Belonging to Mr. Bromfield of Newbury Port and a Bead, Tabel & Case Draws & Some Old Chares, with his Wife & Children. The man is Very Pore, & Some People are Pressing me to Commince 96 a Prossicution Against him. I wish no more than to Due my Duty in this Case, I there fore would be there fore be Directed by you in this case, and If you think Proper to Libell the said Boat, Under these Circumstances, I must Conform there to, and would have you Libell her Accordingly but If Other ways, you should be of Oppinion not to Prossicute I should be glad you would Send me Word as Sone as Possable, as the Boat has been Detaned neare about Twelve Days,4

I am Your Humble Servant Warwick Palfray Naval Officer

RC ; endorsed.

1.

Warwick Palfrey (1715–1797), variously spelled Palfray and Palfry, of Salem, Mass., was a member of the Committee of Safety and Correspondence, 1774–1775. He represented his native town in the state House of Representatives in 1776. On Nov. 23, 1776, the House appointed him as naval officer for the Port of Salem, and he served in that post throughout the Revolutionary period (Essex Institute Historical Collections, 67[1931]:159; Journals of the House of Representatives of Massachusetts, 52, pt. 2:168).

2.

“Simon Burn” was actually Seth Barnes, who had two permits (Feb. 28 and Mar. 2, 1778) to take “some necessaries” to his family in Nova Scotia. On Nov. 20, there was a legislative resolve allowing Barnes to take specified amounts of corn, cider, molasses, sugar, rum, and tobacco aboard his schooner Bever, and all armed vessels were ordered not to molest or impede him. Later in the war Barnes was located at Yarmouth, N.S., and transported former prisoners to Massachusetts. He was also granted permission to sell fish from Nova Scotia in Massachusetts and invest the proceeds in any commodity, other than flour, grain, or meat, for resale in Nova Scotia (The Acts and Resolves, Public and Private, of the Province of the Massachusetts Bay, 1779–1780 [Boston, 1922], Chapter 534 [1779–1780], 251–252; Chapter 260 [1780], 649).

3.

Pemaquid, now part of the town of Bristol, Maine.

4.

There is no mention of this incident among the cases which RTP prosecuted.

State of Massachusetts Bay—Council Chamber July 22d. 1779—

Whereas sundry Goods, Wares & Merchandizes of the growth or Manufacture of Great Britain have been imported into this State from the City of New York under the care of Timo: Folger Esqr: for the Use & on account of sundry Inhabitants of these States in direct Violation of the Resolve of Congress, which Goods Wares and Merchandizes have in pursuance of an Order of the Council been delivered up by said Folger and are now in the possession of, and under the Care of the Secy.—therefor to the End that such pernicious intercourse communication and traffic 97 between the Inhabitants of these States and the Enemies thereof may be suppressed, It is unanimously Ordered that the Attorney General be and he hereby is dericted in behalf of the Government and people of this State to file a claim Libel in the proper Maratime Court for the Condemnation of said Goods, Wares and Merchandizes, as soon as conveniently may be. And the Secy. is hereby dericted to retain the Goods aforesaid in his hands in the mean time.1

True Copy Attest Saml. Adams Secry.

RC ; addressed: “Hon’ble Robt: Treat Paine Taunton (on Public Service).”

1.

Capt. Timothy Folger of Sherburn had been given permission to go to New York and return with his effects, June 12, 1780 (The Acts and Resolves, Public and Private, of the Province of the Massachusetts Bay, 1779–1780 [Boston, 1922], Chapter 38 [1780], 535–536).