1 KEMPE TO MONCKTON. SIR In pursuance of your Excellency's commands, I have the honour herewith to transmit you the form of the condition of a Bond, such as appears to me to be agreable to the Statute restraining the exportation of provisions from the Colonies in America. The Supreme Court being just ended I beg leave to acquaint your Excellency with what has been done in regard to the persons charged with illegal communication with the King's enemies. I have filed six Informations against them, comprehending all those persons mentioned in the affidavits in my possession, except one Jacobson (who stands charged with shipping ten barrels of fish only) whose other name I have not been able to learn, and those persons, mentioned in the information of John Fox, who are not to be found. On requesting from Mr Moore Comptroller of the Customs here, an account when the several vessels mentioned in the affidavits in my possession cleared from the Custom House and what were their Cargoes: I find that the Susannah and Anne bonded for One Hundred barrels of flour, and twenty five tierces of fish, not mentioned in William Dobbs the master's affidavit of the contents of her cargo, and that the sloop Industry was bonded for a cargo of 316 casks of flour, 74 casks of beef, 70 firkins of butter, and a great quantity of fish not mentioned in Tennis the master's affidavit of the contents of her cargo. I there found also that Thomas Lynch of this City merchant had declared himself in the Custom House bond, the shipper of this cargo; I have therefore included him in the information for the shipping it. Of the Snow Johnson there is no mention made in the Custom House Books, as Mr Moore informs me, but a bond not perfected; and she laded in this Port a very large cargo of provisions, some naval stores and other merchandize without the notice, and I am inclined to think, without the knowledge of the Custom House Officers. This I imagine may not have been occasioned so much by the neglect of the out of door Officers viz. the Land and Tide waiter, Surveyor and Searcher & as an advantage taken of a practice, which I am informed has obtained in the Custom House, on its proceedings on this Act of Parlia ment. The Statute enacts in substance this: that before any provisions are put on board any vessel for exportation, the owner or shipper shall at the Custom House declare the Colony and Port, to which he intends to send them, and shall take out a cocquet expressing the particulars of such cargo and enter into bond with two securities in treble the value of the commodities, that the same shall not be landed or sold at any other place the bond to be void on returning a certificate pursuant to the Statute. And in case any provisions are laden before these prerequisites are performed, besides the loss of the provisions and the vessel, the shipper incurs certain penalties. It being sometimes uncertain what quantity of provisions a merchant can procure to ship, or what his vessel will contain besides the other merchandize intended to be exported, or some other circumstances making it doubtful what he shall put on board - the Custom House Officers, I am informed, as well that the merchants might lose no time in lading their vessels, as to ease the shippers and themselves from the trouble of entering into, and taking more bonds than were necessary, have not pursued the Statute in requiring the prerequisites to the lading, but have contented themselves with opening a bond for the vessel at the Custom House, and when she was laden complete, in taking the bond for the whole cargo at once. This practice, though it gives ease both to the merchant and them, yet the case of the Snow Johnson shows it to be unsafe. There was a bond opened for her signed by Mr Cunningham, but no blanks filled up, and when laden she was sent away without the bond being completed. By this means the Statute was eluded, and had it not been for this practice of the Custom House, which gives a kind of sanction to vessels lading after this manner, and as it were ties up the hands of the out of door officers from seizing vessels under such circumstances, it can hardly be conceived the Johnson ever could have carried out that cargo, or even laded it half, without being discovered and seized unless those out door officers were extremely negligent in their duty. Having so far entered into the proceedings of the Custom House on this Statute, I would beg leave to observe to your Excellency further, that there seems not to be due care taken to bind the shippers of provisions in the penalty required by the Statute. It seems to be done by guess. In some cases they may exceed by such means in others they fall much short, to the great detriment of the Crown, in case of a forfeiture. A remarkable instance of which I have now before me in a Memorandum given me by the Comptroller. For the schooner Charming Polly (a cargo of 302 barrels of flour, 25 firkins of butter and six tierces of hams being shipped) a bond is given in £800. sterling and no greater penalty is taken for the sloop Industry whose cargo mentioned in the bond is 316 casks of flour 74 of beef, 70 firkins of butter, 22 hogsheads of fish and two casks of cheese, and in this last instance I may venture to say it is not much above half the penalty required. I I think I cannot in duty also omit mentioning to your Excellency, that I have the greatest reason to believe that many of these provision bonds have been illegally cancelled at the Custom House after they have become forfeited to the Crown, and that they still are so, to the no small detriment of the King's interest. I am far from am far from intending hereby to charge any of the gentlemen of the Custom House with any bad design or intention herein, and hope your Excellency will not understand me in that light. I believe it springs from the Collector's mistaking the sense of the Statute, who insists that because it enacts that the bonds shall not be put in suit after three years, that therefore they may be cancelled if the certificates are produced within that time though the Statute expressly enacts, and the condition of the bond specifies, when the cargo is to be sent to the British Plantations in America, the certificate shall be returned within twelve months, and if to England or Ireland within eighteen months (the danger of the seas excepted) or the bond shall be forfeited. As soon as I found this was the practice of the Custom House, I spoke to the Collector, but not being able to effect a change in his opinion, I thought my duty constrained me to represent it to Lieutenant Gov Colden, then President of the Council and Commander in Chief of the Province among other things I conceived injurious to the King's interest and tending to the impoverishment of the Crown, which I did by letter of the 18th Sep 1760, but without its producing an amendment of this practice, which I hoped would have been its effect. The sending your Excellency the enclosed draft of the condition of the above-mentioned bond, formerly drawn by me for the Custom House, has occasioned the recurring of these things again to my memory, which induces me to make this representation to your Excellency, and which I hope will not be thought improper, as the duty of my office compels me as far as in me lies to preserve the Crown's rights and be watchful of his Majesty's interests. I have the honour to be with great respect Your Excellency's most obedient and most humble servant J. T. KEMPE. To his Excellency Governor MONCKTON. SMITH TO MONCKTON — MEMORIAL. To his Excellency the Honourable ROBERT MONCKTON, Captain General and Governour in chief of the Province of New York, and the Territories depending thereon in America, Vice Admiral of the same, and Major General of his Majesty's forces &c THE MEMORIAL OF WILLIAM SMITH HUMBLY SHEWETH, That your memorialist is a native of Buckinghamshire in Great Britain, was bred at College, and obtained the degrees in the Arts, was admitted of Gray's Inn, studied the law, and entered into the Practice and has for many years been employed in the Superior branches of business in the Courts of Law and Equity, both here and in the neighbouring Provinces. That upon the death of Mr Bradley in one thousand seven hundred and fifty one, your Memorialist was appointed Attorney and Advocate General, and Mr Clinton, the then Governour conceiving it to be for his Majesty's service, strongly recommended it to the King's Ministers, to obtain his Majesty's confirmation of that appointment. But Mr Kempe who was then in England, having succeeded |