American Revolution
1776 Captain Philip Higgins being A Loyal American Patriot "subjects and friends of the United States of America," Protests His Ship the Schooner "Endeavor" has been Seized
November, (20th) 1776-Dated Revolutionary War Date, Exceptional Maritime Naval Content Legal Manuscript Naval Court Document Signed, "Philip Higgins," regarding his owned Schooner "Endeavor" which had recently been seized by the American Continental Navy, and pleads that the ship was not sailing to Nova Scotia to supply British subjects and should be retruned, Fine.
A loyal American Patriot whose Ship, the Schooner Endeavor out of Georgetown, (Massachusetts / now Maine), had been wrongly seized by the Continental Navy. This Manuscript Legal Document is Signed, "Philip Higgins" in protest for relief, its release and damages, 1 page, measuring 8.5" x 13". There is a 1.75" x 1" hole near the top being a transmittal wax seal tear from when opened, only affecting 3 words. Overall, well written in rich brown having some foxing, wear, central stains and expected folds, as shown. Boldly handwritten at Providence, Rhode Island, dated November (20th), 1776.
Captain Philip Higgins of Georgetown, MA. (now Maine), testifies to the Maritime Court held in Providence, that he and his partners were the owners of the Schooner "Endeavor" which had recently been wrongly seized by the American Continental Navy. Captain Philips states that they were "subjects and friends of the United States of America," and that the ship was not sailing (as alledged) to Nova Scotia to supply British subjects or the King's Armies. At this time Newport, Rhode Island was occupied by the British (since late 1776), had been under siege for most of the Revolutionary War. This very rare American Navy "Libellant" Confiscation of a privately owned Merchant Ship Protest Document reads, in part:
"Daniel Rutenbourg Libellant (a party who institutes a suit 'as in Admiralty' by a libel) of Schooner Endeavor Etc." ... "... the said Philips, David and Michael are the owners of the Schooner called the Endeavor, her Appurtenances and Cargo captured on the 13th Day of October A.D. 1776 and Labeled in this Court and claims the same as their Property and States that at and before the time of Capture as aforesaid the said Schooner her Appurtenaces and Cargo belonged to them, the Said Philips, David & Michael who are inhabitants of Said Georgetown and Subjects and Friends of the United States of America and that at the time of Capture as aforsaid, the Said Schooner her Appurtenances and Cargo were not bound to the Port of Halifax in Nova Scotia nor was said Cargo designated to Supply the Inhabitants of Hallifax (sic) subject to the King of Great Britain, whose Fleets and Armies are acting against the United States of America or for Supplying the Soldiers belonging to the New Garrison there kept by the said King, as the Libellant hath alleged. - But that said Schooner was bound from the Island of Bermuda to the Port of Georgetown aforesaid and that said Schooner her Appurtenances and Cargo are not liable by Law to condemnation - all which said Philips prays may be enquired by the Country and that the same may be deemed to him with his Cost etc. --- (Signed) Philip Higgins".
Blank reverse Docket reads, in full: "Capt. Philip Higgins - Claim to Schooner Endeavour" (possibly named after Captain Cook's famous ship). Boldly written in deep brown with the signature "Philip Higgins" measuring about 2.5" long at the conclusion.
A historic, rarely encountered 1776 early Revolutionary War-dated Continental Navy related Maritime Court document held at Providence, Rhode Island with a plea for compensation of his wrongly seized ship Owned by a protesting American Patriot. Indeed, in 1775 when John Hancock was the president of the Provisional Congress held in Cambridge, Massachusetts, Captain Philip Higgins was a member of the Committee of Safety and Militia of the Georgetown Parish, which had received notice that two militia companies were to be immediately organized and armed for service. They were to be ready to join the Continental Army and serve for the coastal defense against British armed vessels and enemy Privateers.
It is also documented that later in the War the Sloop Endeavor played another historically significant, documented role. With Newport no longer in British hands, Rhode Island had to deal with British authorities in New York for prisoner exchanges. On May 10, 1780, the Council of War ordered the removal of prisoners from Newport stating:
"Resolved that it be and hereby recommended to Col. Greene or the Commandant of the Post at Newport for the Time being to deliver to Capt. Thomas Jackson all the Naval Prisoners lately arrived at Newport who are fit to be removed; he being appointed by this council to carry them to the Sloop Endeavor as a Flag of Truce to New York to be exchanged for an equal number of American Prisoners."
Rhode Island was among the first and most enthusiastic American Colonies to resist British rule, having been the first to call for a Continental Congress in 1774 and the first, in 1776, to eliminate an "Oath of Allegiance" to the British Crown that had been required of colonial officials.
Once the American Revolution began in earnest, the state suffered considerably. The British occupied Newport for more than three years (1776"79), bombarded Bristol, and foraged for food and firewood extensively in the southern part of the state. Half the people of Newport fled during the occupation, and the British army burned nearly 500 buildings for firewood.
The 1st Rhode Island Regiment of Continentals, commanded by Colonel Christopher Greene and including a number of Black soldiers who gained their freedom by enlisting, marched from its encampment at John Greene's farm in Coventry to pick up the prisoners in the East Greenwich jail and march them as ordered to the prison camp in Connecticut.
With Newport no longer in British hands, Rhode Island had to deal with British authorities in New York for prisoner exchanges. On May 10, 1780, the Council of War ordered the removal of prisoners from Newport:
"Resolved that the Sloop Endeavor ...be chartered and fitted as a Flag at the Expense of the State to transport a number of (British) prisoners to New York and to bring back from there an equal number of the Subjects of this and the other United States who are now prisoners in New York..."
Resolved that it be and hereby recommended to Col. Greene or the Commandant of the Post at Newport for the Time being to deliver to Capt. Thomas Jackson all the Naval Prisoners lately arrived at Newport who are fit to be removed; he being appointed by this council to carry them to the Sloop Endeavor as a Flag of Truce to New York to be exchanged for an equal number of American Prisoners." (Reference: Robertson, Proceedings, p. 382.)
KEYWORDS:
Continental Navy, George Washington, Revolutionary War, British Crown, Red Coats, Prison Ships,