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New Jersey Privateering against British Commerce in 1780
New Jersey Privateering against British Commerce in 1780
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Description:

Revolutionary War

New Jersey Privateering against British Commerce in 1780


This document highlights the colonies’ privateering efforts against British commerce during the Revolutionary War.

 

[AMERICAN REVOLUTIONARY WAR, John Burrowes Jr., John Burrowes Sr., and Thomas Henderson, Autograph Document Signed, Bond, to Governor William Livingston, December 13, 1780, Monmouth County, New Jersey. 1 p., 8.75" x 14.75." Expected folds, cut segments folded over personal wax seals with three signatures. From the Library of Charles I. Forbes, off the market since 1956.

 

Complete Transcript

Know all Men by these Present, That we John Burrowes Jur John Burrowes Senr and Thomas Henderson all of Freehold in the County of Monmouth and State of New Jersey are held and firmly bound unto His Excellency William Livingston Esqr in the Sum of ten thousand Pounds Proclamation Money of said state, to be paid to the said William Livingston Esqr his Successors or Assigns: For the true Payment whereof we bind ourselves, and our Heirs, jointly and severally, by these Presents, Sealed with our Seals, and dated this thirteenth Day of December in the year of our Lord one thousand seven hundred and eighty.

The Condition of the above Obligation is such that if the above bounden John Burrowes Jur who was appointed Marshal of the Court of Admiralty of the State by the Council and Assembly, in Joint Meeting on the twenty third Day of November last past shall well, truly and faithfully perform and discharge the several Duties and Trust required of him as directed in an Act for instituting a Court of Admiralty &c passed at Trenton December the fifth one thousand seven hundred and seventy eight, and also all other Duties and Services that may be required of him in the Course of his said Office of Marshal then the above Obligation to be void and of no Effect; otherwise to stand and remain in full Force and Virtue.

                                                                        J. Burrowes Junr        {Seal}

                                                                        J Burrowes                  {Seal}

                                                                        Tho: Henderson          {Seal}

Sealed and delivered in Presence of

                                                                        Burgun Covert

                                                                        James Holmes

[Docketing: John Burrowes Junr / Bond

 

Historical Background

Shortly after the Revolutionary War began, both states and the Continental Congress encouraged American privateers to prey upon British vessels, especially those bringing provisions to British forces in North America. These governments issued letters of marque, authorizing armed merchant ships to challenge enemy vessels. Because the vice-admiralty courts that had existed under British rule had largely disappeared, new courts needed to be created or existing ones given jurisdiction over admiralty cases in order to condemn prize vessels and cargoes taken by such privateers.

 

In November 1775, Massachusetts established the first colonial prize court to deal with these admiralty issues, but it only had jurisdiction over Massachusetts-based vessels and did not cover those armed vessels equipped at Continental expense. General George Washington forwarded the Massachusetts law to the Continental Congress and asked, “Should not a Court be established by Authority of Congress, to take cognizance of the Prizes made by the Continental Vessels?” Whatever Congress decided was fine with Washington, but he could not, he wrote “spare time from Military Affairs, to give proper attention to these matters.”

 

On November 25, 1775, Congress urged the Colonial legislatures to empower existing courts or to create new ones to deal with prize cases and allowed appeals to Congress of judgments in such courts. On December 5, 1778, New Jersey created a special court of admiralty to deal with such cases. Among the personnel for the new court was a marshal, who was to execute arrest warrants, maintain safe custody of a ship and cargo under arrest, oversee the sale of ships or cargo, distribute the proceeds of a sale, and other tasks, all under the orders of the court.

 

Approximately, 1,700 letters of marque were granted, on a per-voyage basis, during the American Revolution. Nearly 800 vessels were commissioned as privateers, and they captured or destroyed approximately 600 British ships, inflicting damage of about $18 million (more than $300 million in today’s dollars).

 

To accept the position of marshal in the New Jersey admiralty court, John Burrowes Jr. had to post a bond to ensure his proper performance of the position. If he performed well, the bond was “void and of no effect,” but if he did not, he or his sureties would have to pay £10,000 to the colony/state of New Jersey through its representative Governor William Livingston or his successors. Burrowes’ father John Burrowes Sr. (1718-1785) and his brother-in-law Dr. Thomas Henderson (1743-1824) signed the bond as his sureties.

 

 

John Burrowes Jr. (1753-c. 1806) was born in New Jersey and became a merchant. He served as a captain in Colonel David Forman’s regiment from January 1777, transferred in April 1779 to Colonel Oliver Spencer’s regiment. Promoted to major in July 1779, Burrowes served until the regiment disbanded in January 1781. He married Margaret Forman (1759-1787), and they had three children. After the war, he went to Georgia to retrieve his fortunes and was living in Monmouth, New Jersey, in 1800. He drowned in a river in the South around 1806.

 

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