sted by an opportunity to read a manuscript of Judge Hough's
concerning them.
The case of the _Virgen del Rosario_, more exactly the cases of
Richard Haddon _v._ 10 Doubloons, etc., of Ybanez _v._ L2409, and of
the King _v._ Thomas Miller and Sampson Simpson, give excellent
illustrations of the chicanery with which prize cases could be
conducted and of the manner in which through admiralty courts the ends
of justice could be defeated. The materials are copious. The history
of the capture is sufficiently set forth in docs. no. 187 and no. 188.
The legal history of the case may be summarized as follows. Sept. 20,
1756, Nathaniel Marston and Jasper Farmar petition governor and
council for a privateer's commission for the _Peggy_ or _Charming
Peggy_, whereof Richard Haddon was to be commander, Christopher Miller
lieutenant; _Cal. N.Y. Hist. MSS._, II. 659. Sept. 29, 1756, the
commission is granted. Dec. 7, 1756, the _Peggy_ captures the schooner
_La Virgen del Rosario y el Santo Christo de Buen Viage_, plunders
her, and lets her go. (It will be remembered that Great Britain was
not at war with Spain at this time, but only with France.) Mar. 5,
1757, the _Peggy_ arrives at New York, "having taken as many Prizes
during her Cruize as she could well man"; _Pennsylvania Gazette_, Mar.
10. Mar. 9, Haddon libels the plunder (doc. no. 184). Mar. 31, the
admiralty judge decrees that it shall be his, provided no better
claimant arises within a year and a day, and provided he furnishes
sureties to the register of the court to the value of L2409. 4s. 11d.;
notes of Sir William Burrell on this case in _Reports of Cases
determined by the High Court of Admiralty and upon Appeal therefrom,
temp. Sir Thomas Saulsbury and Sir George Hay_, ed. R.G. Marsden
(London, 1885), pp. 185-186. July 26, 1757, the sureties present their
account of sales (doc. no. 186). Feb. 17, 1758, and Mar. 10, on
pressure from London, where Captain Ybanez has made his complaint, the
advocate general in New York files a claim for money and goods, in the
king's name, to restore them to the Spaniards. Apr. 5, the sureties
demur. Apr. 19, the judge dismisses the advocate general's claim.
Sept. 27, 1758, Ybanez files his own claim or libel (doc. no. 188),
but the judge rules Feb. 10, 1759, that his time had expired (Marsden,
_loc. cit._). Dec. 19, 1760, the Lords Commissioners of Appeals in
Prize Causes reverse the colonial court, and condemn the captor in
costs and dam
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