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Publick at North-Carolina for the loss suffered by the Petitioners, were severally read. *

Ordered, That Mr. Scott, Mr. Wynkoop, and Mr. Haring, be a Committee to take the said Petition and Papers into consideration, and report thereon with all convenient speed.

A Letter from Mr. Abraham Livingston, requesting that his contract for supplying the Troops be settled, and offering to relinquish said contract, as the Continental Congress consider his agreement extravagant, was read and filed.

A copy of a Letter from Mr. Livingston to the Continental Congress, also offering to relinquish said contract, was read and filed.


Die Jovis, 4to ho. P. M., May 9, 1776.

The Congress met pursuant to adjournment.

Present: General Woodhull, President.

FOR NEW-YORK.—Mr. Scott, Mr. Evert Bancker, Mr. Prince, Colonel Lott.

FOR KING’S.—Mr. Covenhoven.

FOR ALBANY.—Mr. Cuyler, Mr. Oothoudt, Mr. Glen.

FOR ORANGE.—Colonel Allison, Mr. Haring.

FOR SUFFOLK.—General Woodhull, Mr. Tredwell, Mr.Wickham.

FOR RICHMOND.—Mr. Lawrence, Mr. Evert Bancker.

FOR ULSTER.—Mr. Wynkoop, Mr. De Witt, Mr. Wisner.

FOR WESTCHESTER.—Mr. Paulding, Colonel Lewis Graham, Colonel Joseph Drake.

The Committee of Safety reported to this Congress, that Brigadier-General Gates attended yesterday with a Message from his Excellency General Washington. That he delivered a Letter from Thomas R. Harris, late Master’s Mate, and William Metcalfe, late Midshipman of the Ministerial armed vessel the Savage, now prisoners-of-war in the Jail, requesting some relaxation of their confinement. Mr.Gates mentioned that many such prisoners have been enlarged, and are prisoners on their parole. That his Excellency General Washington thinks it necessary that some inland town or village in this Colony should be fixed on, where the aboye-mentioned

* NEW-YORK, SS.

To the Honourable President and other Members of the Provincial Congress of the Province of NEW-YORK, met in Congress, at the City of NEW-YORK.

The Petition of SAMUEL MASSEY, CHARLES MASSEY, and JOSEPH WOOD, the younger, of theCity of PHILADELPHIA, Merchants, humbly showeth:

That your Petitioners, in the beginning of the month of January last past, purchased a sloop or vessel called the Joseph, whereof William Raddon was late master, and loaded on board the said vessel a cargo of provisions to proceed with the same from the city of Philadelphia to Savannah, in the Province of Georgia, as appears by an invoice and bill of lading herewith exhibited.

That the said Sloop Joseph proceeded on her intended voyage, and on the 13th day of February last past, was taken by an armed vessel, called the General Gage, whereof one George Sibles was commander, and carried into Cape-Fear, in the Province of North-Carolina, where the said Sloop Joseph was detained, and the cargo on board of her embezzled, particularly by Josiah Martin, late Governour and Commander-in-Chief of that Province, as fully appears by the protest of the aforesaid William Raddon, herewith also exhibited.

That the said Sloop Joseph, with her cargo, were illegally confiscated by the said George Sibles and the said Josiah Martin, without libel or condemnation, whereby your Petitioners are sufferers to near the amount of fifteen hundred Pounds, current money of the Province of Pennsylvania.

That your Petitioners, immediately after the capture of the said Sloop Joseph, made application to the Provincial Congress of the said Province of North-Carolina, who appointed a Committee to consider the facts as stated by your Petitioners, which said Committee reported thereon, as appears by the copy of the same likewise exhibited.

Your Petitioners therefore pray that your honourable House will take their unhappy case into particular consideration, and grant them an order to seize the effects of the aforesaid Josiah Martin within the Province of New-York, to reimburse the loss your Petitioners have sustained by the capture and detention of the said Sloop Joseph and her cargo, or such other relief as to your honourable House shall seem meet.

And your Petitioners will ever pray.

JOSEPH WOOD, for self and copartners.


An estimate of the loss sustained by the capture of the Sloop JOSEPH, WILLIAM RADDON, late Master.

The Sloop Joseph, with her furniture, tackle, and apparel, and outfits, cost, January 5, 1776, £625 0 0
The cargo on board of her cost, as per invoice, 670 3 7

Pennsylvania currency, £1295 3 7


NORTH-CAROLINA, IN CONGRESS, April 12, 1776.

The Committee for taking into consideration the Petition of Joseph Wood and partners, reported as follows:

Your Committee having inquired into the several allegations set forth in the said Petition, do report as follows:

That said Joseph Wood and partners, with permission of the Committee of the City and Liberties of Philadelphia, did, on the 5th day of January last past, load on board the Sloop Joseph, William Raddon master, sundry goods and merchandise on their own account, to the value of six hundred and seventy pounds three shillings and seven pence; on the account of William Todd one hundred and ninety pounds; of Joseph Wood, Jun., ten pounds; of William Raddon nine pounds eighteen shillings, prime cost in Philadelphia; all which were consigned to the said Joseph Wood, Jun., and bound to Georgia; that in his passage, the said sloop and cargo were taken by an armed vessel called the General Gage, George Sybles master, and carried into Cape-Fear River, where Josiah Martin, Esq., late Governour of this Province, bore the chief command; and the officers under command of the said Josiah Martin did violently seize the said sloop and cargo, and apply them to the use of the enemies of America, whereby the said Joseph and partners lost fifteen hundred pounds, current money of Pennsylvania, over and above the profits they might reasonably have made.

The House, taking the same into consideration, concurred therewith.

By order: JAMES GREEN, JUN.,Secretary.


NORTH-CAROLINA, EDENTON, ss.

By this publick instrument of protest and writing, bearing date hereafter mentioned, be it known and manifest, to all whom it may concern, that on the 25th day of March, in the year of our Lord one thousand seven hundred and seventy-six, before me, Thomas Jones, notary and tabellion publick, residing at Edenton, in the Province aforesaid, by lawful authority, duly admitted and sworn according to law, personally appeared William Raddon, late master of the Sloop Joseph and oath on the Holy Evangelist of Almighty God, before me, as notary aforesaid, that on the 9th day of January last past, he (this deponent) sailed with the said Sloop Joseph from the city of Philadelphia, bound to Savannah, in the Province of Georgia, and proceeded down to Reedy-Island, in the river of Delaware, when the navigation was obstructed by the ice, until the 11th day of February last past, when this deponent sailed with the said Sloop Joseph on his intended voyage; that early in the morning of the 13th day of the same month, the said Sloop Joseph, then being in the latitude of 35° 10', and about fifteen leagues from the land, this deponent discovered a vessel on the weather-quarter, steering down for her; that this deponent immediately made all the sail he could from the said vessel, and it being smooth water, ran very fast from her; that in the afternoon it fell calm, when this deponent discovered a boat .rowing from the said vessel, (she then being about a league astern,) and about five o’clock in the evening the said boat came alongside the said Sloop Joseph; that this deponent hailed the people on board tile said boat, and requested to know what was the vessel astern; they informed him she was the armed Sloop General Gage, commanded by George Sibles, bound from Boston to Cape-Fear, and then immediately boarded the said. Sloop Joseph, being eight in number, completely armed with muske s and cutlasses; that as soon as they got on board, the officer who commanded them orderd this deponent to get into the boat and go on board the said Sloop General Gage, with his papers, which this deponent accordingly did, that when this deponent got on board the same, he delivered his papers to the commanding officer, who, after perusing them, told this deponent that the said Sloop Joseph was a good prize, “papers or no papers,” as he had orders to seize every vessel he met with on his passage; and then directed this deponent to remain on board the said Sloop General Gage, where, this deponent was put into the hold with the common seamen; that the same evening the mate and seamen belonging to the said Sloop Joseph were taken out of her and put on board the said Sloop General Gage, and a mate and six men were sent on board the said Sloop Josephto navigate her into Cape-Fears; that on the 21st day of the same month, the said Sloop General Gage got into the Cape-Fear River, and on the 22d day of the same month, the said Sloop Joseph also arrived, and was moored under the guns of the Falcon sloop-of-war, commanded by John Lindsey, then Commodore of the fleet lying at Fort Johnston; that the next day after the arrival of the said Sloop Joseph, one John Collett, who came passenger in the said Sloop General Gage, From Boston, and who, as this deponent was informed, had a commission as Captain of a company of “Loyal Fensible Americans,” went on board the said Sloop Joseph, with the commander of the said Sloop General Gage, and broke open the hold of the said Sloop Joseph, and took out a butt of porter, a parcel of loaf sugar, and cheese; that a few days after, the purser of the Scorpion sloop of-war came down from Brunswick with an order from Josiah Martin. Esq., late Governour and Commander-in-Chief of the Province aforesaid, to take a large quantity of provisions out of the said Sloop Joseph, being part of the cargo of the same; that this deponent remained a prisoner on board the said Sloop General Gage until the 4th day of March instant, when he made his escape, with Joseph Wood, part owner of the said Sloop Joseph, and several other persons who had been detained prisoners with this deponent by special orders given by the aforesaid John Lindsey to the commander of the said Sloop General Gage.

Wherefore, the said William, Raddon, late muster as aforesaid, before: me, did protest against the said George Sibles, commander of the said Sloop General Gage, the said John Collett, the said John Lindsey, commander of the Falcon sloop-of-war, and, the said Josiah Martin, late Governour and Commander-in-Chief of the Province aforesaid, and all other persons with them concerned, for all losses, costs, and damages, whatsoever, that hath or may accrue to the owners, freighters, or insurers, or any person or persons whatsoever concenred in the said Sloop Joseph, and the cargo on board the same, for the reasons herein-beforementioned. Whereupon, I, the said Thomas Jones, notary as aforesaid, at the innstance and request of the said William Raddon, did and hereby solemnly, and in due form, sign and attest this present protest of, for, concerning all and singular the premises aforesaid in the particular manner herein-before-mentioned and expressed, as if the same were herein again particularly mentioned and repeated.

WILLIAM RADDON.

In testimonio ventatis, THOMAS JONES,
Notary Publick, Edenton, North-Carolina


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