Barbados. A collection of autograph letters and original documents relating to the Island of Barbados in the 18th century, ca. 1730-1778. HLS MS 1047, Harvard Law School Library.

Damages on the payment of 1/8th of the value of the ship together with freight and Damages are I conceive incidents to the [?] at Antigua and I doubt whether an Action would [lye ?] in the Admiralty of England.

2. How is it advisable for the Owners to act with regard to their now accepting the ship here at Portsmouth and paying the salvage either upon the footing of the said appraisement in Antigua or a new appraisement and so as not to prejudice their aforesaid Demands?

I cannot advise the Owners to accept the ship at Portsmouth without satisfaction being made them for the freight & damages as far as they might have been gainers if she had been navigated at their expence, for they cannot after the ship is restored proceed to recover the freight and damage by the seperate action.

[J?] Andrew

Drs. [Connors?] 4th Sept. 1746

By papers rec'd since the stating the within case it appears that Capt. [Balshen?], the Commander of the [ ? ] ship in Admiral Townsends Squadron that retook the prize [ libelled? ] the ship in the Admiralty in Antigua & by the name of Le Diligent which the French had given her & in which suit such sentence was pronounced as within stated But with an exception in the sentence that the guns & arms on board were not to be restored the claimants not proving property in them & it was an express direction in the sentence that the cargo should be taken out of her. Capt. Balshen dyed & Admiral Townsend notwithstanding remonstrances against it, sent the ship with the cargo to England as within stated and the Admiral is since gone to Cape Breton & tis believed will not return to Antigua but come home to England which absence of his from Antigua it is apprehended may occasion great delay if not render difficult pursuing the remedy within advised and in the meantime the ship may lye and decay for avoiding which damage to the ship the captors agents are willing to sell her & deposit the money if the owners will consent, whih the owners are desirous of as far as they can consent without prejudicing their demands as to the freight.

What safe method can be taken in this case to have the ship sold, and what steps are adviseable to be taken by the owners for removing the guns & arms on board which they can here prove property in?

No appeal having been entred from the sentence given at Antigua the owners will not now be at liberty to prove their property in the guns and arms for the Judge of the [ ? ] Admiralty cannot receive now proof after the sentence & the Superior Court can have no jurisdiction without an

Copy Case With Dz Andrews Opinion relating to the prize ship Morecraft being [[?]] by Admiral Townsend And not [[?]] up [[?]] to a [[?]] upon [[?]]

Sir Mincing Lane September 6, 1746

I received the case, & opinion which sends us a round about way to recover against Admiral Townsend, by applying for amonition to the Court of Admiralty of Antigua, and if that was obtained it could not affect the Admiral now at Cape Breton. I wish the Court of Admiralty here could take cognizance of the matter, but in case it could do so, we have not the order of the Court at Antigua to produce, however, Mr. Tarleton is expected home in the next fleet which may arrive in three weeks, and we hope he will bring the prodeedings of that court.

I have seen a person just come from Portsmouth, who was in company with Mr. Townsend's agent there Mr Lake, who sold the prize cargo of the Morecroft, and that acct. can not be made up for some time. Mr. Lake shewed him the order of the Court of Antigua to deliver up the Morecroft to the Claimants, and by the Admirals sending that order home in the ship to the agent is seemes to shew that he was conscious that the refusal of delivering up the ship would be contested here.

One of the Owners, whom I mentioned in my last to be come up from Liverpoole, is desirous to know, if another query may not be added to the case, to know the freight can not be stopped in the hands of Lake the Agent? and to satisfy him I have returned the case, but from what Doctor Andrews has said, I see no room for it, and if you think so please to send it me again. The owner is gone to Portsmouth this morning to talk with Mr. Lake, and I expect to hear from him, about Tuesday next. I am, Sir

Your most humble servant [illegible signature]

Mr. Sharpe

To Joseph Sharpe Esquire Lincoln's Inn

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