A Privateering Case Off Chincoteague and in the Chesapeake in 1762 - Part 2

    In the previous post, I quoted the original article abut the French privateer "Mariane" attacking ships along the Atlantic coast from Delaware to the Carolinas and inside Chesapeake Bay.  There was the original letter, followed by three affidavits - one from Captain John Baird, one from two crew members of Captain Baird's, and one from seven citizens of Wilmington, Delaware, including the Chief Burgess, whom the affidavits were sworn before.  The Chief Burgess stated he had known Captain Baird for more than twenty years, and his character was upright, without a trace of fraud or dishonesty.

   The following is a letter from two of the passengers of the schooner "Peggy," tomorrow I'll post the  affidavit from the "Peggy's" Captain, William Grimes  (also spelled Grymes).

   From the newspaper The Maryland Gazette, published in Annapolis, Maryland, #915, on Thursday, 18 November 1762, on page one, column one:

   "Oxford,  November 11, 1782.

Mr. Green,

   We, the subscribers, whose capture in the Bay of Chesapeak, and ill treatment by a fellow prisoner, as also the capture and ill treatment of Mr. Ebenezer Mackie, a fellow passenger and sufferer, now at Savannah in Georgia, were the subject of a letter in The Virginia Gazette, August 13th, which letter rendered necessary some specious vindication of the conduct of the person therein complained of, and accordingly, two or three equivocal affidavits being published in The Pennsylvania Gazette, September 16th, have thought ourselves called upon to give a more exact, full, and formal account of the matter, than is contained in the aforesaid letter, which was written by a friend, upon memory, from a crude oral relation of the facts, and whose resentment was provoked to give an indignant colouring to the story, which, however will appear not to be unmerited.  -  We  were taken on the 27th of July in the schooner "Peggy" of Portsmouth, Capt. William Grimes, from Hampton Road in Virginia, bound for Oxford in Maryland, laden with dry goods, by a French privateer sloop, called the "Mariane," of eight carriage and twelve swivel guns, and seventy-five men, belonging to Cape Francois, Don Pedro Ordogner, Commander.  Mr. Baird calls the privateer Spanish; the Captain was a Spaniard, but the sloop belonged to Cape Francis.

   Aboard the privateer we found this same John Baird, late master of a vessel from Wimington, and two of his hands, who had been taken some time before; also two Negroes, whom the privateer had picked up in the Bay, in a small schooner boat.

   On the 29th of the same month, the privateer and prize put to sea through the channel of Cape Charles, and Don Pedro gave Captain Baird, for the use of the prisoners he intended to put on shore, the boat, out of which he had taken the two Negroes:  And here we shall examine the Oaths of Mr. Baird, and his two hands, Michael and Hugh LeCroy, his brothers-in-law.

   John Baird hath made Oath, that, "from his leaving the privateer," until his parting with us, "he never mentioned, or heard mentioned, a word about insurance."  An Oath should be free from equivocation, or mental reservation;  he says, "FROM HIS LEAVING THE PRIVATEER," any mention of insurance from that time would be superfluous and in vain; his overtures on that head, had already been rejected with disdain, while on board the privateer.  The Oaths of the LeCroys are equally equivocal; for although it may be true that they heard no mention of insurance, yet their Oath is ambiguous, in as much as they do not say from what time they were constantly in our company.

   These men, in the night, when we were on board the privateer, were confined to the hold; Mr. Baird and we had the liberty of the cabin and walking the quarter-deck.  -  Some imagine to swear first and unasked, shall supersede all further inquiry; but we apprehend purgatives will not answer the intention in this case:  Sleep and silence might have relieved them, but they have now plunged themselves over head and ears, adding conviction to guilt.

   For, be it known, that Captain Baird, while on board the privateer, did several times desire us, when we should get on shore, not to mention his being taken; for that he intended to stay some time at Chincoteague Island, where he expected to meet with his own sloop, that his owners might make insurance; which they might be induced to, upon hearing of a privateer on the coast.

   Moreover, Captain Baird recommended to Mr. Mackie, a scheme of a deeper dye; which was, that he, E. M. should immediately upon his landing, write to the principle owners of the goods in Glasgow, insisting, that they should insure from Hampton in Virginia, to Oxford in Maryland; adding, that the owners could thereby intend no fraud, because he, E. M., should keep them in the dark, in regard to the situation of their affairs, and insist they should insure, without assigning any reason.  -  He who can counsel the perpetration of a fraud for the interest of another not connected with him, will doubtless be less scrupulous where his own interest, or that of his friend is concerned.  -  Mr. Baird and his friends manner of setting forth his civilities to us, are alike vague and equivocal, which, instead of transcribing so much of the affidavits, and answering sententiously, we will content ourselves with giving a true account of, which may be compared with the affidavits, to which we refer.  -  Before we quitted the privateer, Mr. Baird was extremely solicitous to persuade us to take an old flat, which was taken with the schooner, and insisted on the practicability of our rowing her onshore to Cape Charles; but we as  constantly refused it; nor do we think it possible to have saved ourselves, had we even been able to row her to land, as it was in the night when we were to be turned adrift, when we could not pretend to steer for a harbour, and the surge ran very high.  But this scheme of getting ashore was baffled without the necessity of our further opposition; for the flat having broke her tow rope, Don Pedro did not think worth while bringing the privateer to for her.  Upon this, Don Pedro told us, we should go along with Capt. Baird, and added, he would give him a charge concerning us; and accordingly ordered all the prisoners, except the two Negroes, into the schooner boat, when about five leagues to the eastward of Cape Charles.

   Sometime after parting with the privateer, we fell in with three sail of vessels, one of them carrying a light at her mizzen peak, and the others seemingly under her convoy, which we wanted to speak with; but Mr. Baird would not suffer us.  He would not allow us to hail even one of the merchantmen, from whom no danger of pressing could be reasonably apprehended; but lowered his sails down until he thought he was out of danger of being seen by them.

   The subterfuge of the risk of the schooner being dashed to pieces, should she be ordered along side, is ridiculous, and proving too much; could we believe they would insist on putting us in a situation so dangerous?  We only wanted to speak to them, which might probably have been attended with happy consequences, the taking of the privateer, and the recovery of the prize; for as they had parted from us but a few hours, we could have directed the man of war to them; besides, we might be put in circumstances of more security as to provisions, &c.  -   What Mr. Baird and his men say of compulsion, is likewise evasive; 'tis true, the generous resentment of the gentleman whose letter was inserted in The Virginia Gazette, led him into some little error; his letter was couched in terms adequate to the idea he had conceived of the story told him:  We confess, there was no powerful compulsion to row; but a negative compulsion in our case, was tantamount.  For as Mr. Baird had used us in a rough, imperious manner, with indecent language, to parly or capitulate might be dangerous; therefore, compulsion in form was unnecessary:  We were all alike prisoners, although in different circumstances; it was doubtless our duty, in the situation we were in, to assist all we could; but it should be without tyranny, cursing, damning, &c.  "What business have you upon the deck, G_d D__n you, why don't you get down into the hold."   This artillery was particularly aimed at J. Glassell, for pressing him to hail the ships; but this was only the prelude to the music that was to follow; he grew more wrathful and violent the next day, when we came to row in concert, loading us with imprecations and excrations, for our awkwardness at duty.

   We will also do Mr. Baird justice in regard to what was said to his refusing us victuals.  It was natural for the writer of the letter, to turn this circumstance to his prejudice, of whose treatment we had given him a pathetick relation, since we told him at the same time how we were as to provisions.  -  We had such as he had, it was not his fault we were pinched in that article; unless the terror of his behaviour had any effect on our freedom and familiarity.

   We think we have made a sufficient apology for the mistakes in that gentleman's letter, written in a hurry, and at the same time as much as we can fairly say in justification of Mr. Baird.  -

   Upon the whole, from our leaving the privateer, to our parting with Captain Baird, let any one judge, whether we could, during such treatment, be upon terms favorable for him to propose entering into any collusion with him, in reference to insurance; and how artful and cautious he has been to single out that period of time, to which he has limited his affidavit.  But whether this will answer his purpose, let Mr. McKinly, and the other vouchers to his character, determine.  -  To conclude, although irritated by our great loss and captivity, as well as the surly and scandalous behaviour of Captain Baird, we had contented ourselves with condoling one another, reciting a simple verbal relation of our misfortunes, which were aggravated by the insolence of a fellow sufferer, if he was in reality so a sufferer, 'till our indignation was roused afresh by this cluster of affidavits in The Pennsylvania Gazette, in some sort recriminating upon us, as traducers of the character of an honest man.  -  A crime in our eyes as detestable as perjury itself.  

   This, Sir, if you will insert in your next Gazette, you will do justice to Mr. Baird, as well as to

Your Humble Servants,

  John Glassnell

  Patrick M'Caull. "

The Otwell House in Oxford, Maryland.  The original house was built

in 1720-30 - it's the T-shaped gambrel-roofed part at the left of this photo.

Misters Glassell and M'Caull would have been acquainted with it.