Page:American History Told by Contemporaries, v2.djvu/277

No. 87]  87. A Case of Smuggling (1739) BY COLLECTOR ARCHIBALD KENNEDY

The latter end of August 1739, some caskes of foreign Gunpowder and Molasses being found on board a Pilott boat the same with the Pilott boat were seized and information being given that the same Gunpowder and Molasses were imported in the Sloop Mary and Margaret from St Eustatia, and unladen from her between Sandy Hook and the Narrows and put on board the said Pilot boat the said Sloop Mary and Margaret was also seized (she being then come into the Harbour of New York) and a lybell filed against her in the Court of Admiralty for importing into the Colony of New York the said Gunpowder (being of the production and manufacture of Europe) from St Eustatia the same not having been bona fide laden in Great Britain &c and for unloading the said goods before Report or Entry &c As by the Libell No 1. To this Libell Thomas Fowles appeared and claimed the Sloop Mary and Margaret as Owner thereof, and put in a plea to the Instruction of the Court of Admiralty containing in substance that the whole Colony of New York is divided into twelve counties, and that there is no part of the said Colony but is contained in the said Counties or one of them and that the Court of Admiralty has no Jurisdiction of any matter done within any of the said Counties but ought to be determined by the Common Law And that the said Sloop was seized on shore within the City and County of New York, As by the said plea No 3. which plea being overruled a plea in Barr was filed averring that the Gunpowder &c was not imported in the said Sloop nor unladen from the said Sloop at any place within the Colony of New York and put into the said Pilott Boat as by the said plea No 4. To this plea the Advocate General Joined issue, and witnesses were examined who fully proved the matters