189. Certificate of Captain-General Cagigal. November 4, 1758.
Don Francisco Cavigal[1] de la Vega, Knight of the Order of St. James, Field Marshall, Governour and Captain General of the Havana and Island of Cuba etc. Whereas I am Informed that Don Philipe Y Banes, Captain and Administrator of the Schooner Called our Lady of the Rosary and Holy Christ, And Marseleno Marrero,[2] Are now in the City of New York, Dominions of his Majesty the King of Great Brittain, in Order to Recover 7871 Dollars which in silver, Doubloons, and Gold Trinckets were by force taken from them on the 6th December 1756, by Capt. Haddon of the Privateer Schooner Peggy, from New York, a small distance from Pine Island on the south side of this Navigation, and having been Informed by Letters from the aforesaid that they are hindered in prosecuting for their Right by the Owners of said privateer Schooner pretending that they were Pirates at the time of the Robbery, and in Attention that the Contrary has been Clearly proved by their Sailing with a Spanish Crew and under Spanish Colours and with Leave from my Lieutenant Governour Don Francisco Guitierres in the City of Trinity to proceed to the anchoring place of Mansanillo in the Jurisdiction of Valamo,[3] And After the Robbery they arrived on this Coast at Porte Bane[4] where they took in Necessarys and with my Licence they Sailed to Jamaica in search of said privateer and presenting themselves before his Excellency the Governour Declared the Robbery upon Oath, as did Likewise Henry Myeroffer and William Abbot, two Englishmen who were on Board Said Don Philipe's Schooner at the time the Robbery was Committed, and were afterwards taken and put by said English Captain on Board his privateer, who Carried them to St. Lucia on the Island of Jamaica, as appears from the Instruments that said Don Philipe Shewed me on his Return, And Whereas Considering the Great Prejudice that has Resulted from their being out of their Native Country and knowing that they are Inhabitants of this City and Subjects to the King of Spain and have not Incurred the Penalty of Pirates, In their behalf and for myself I pray and Recommend to his Excellency the Captain General and Governour and the Judge of the Admiralty of New York that they will be pleased to Order to be Delivered the said Money to the said Spaniards, inasmuch as I am ready to Observe Equal Justice in the Like Case, And in Case they Should meet with any Difficulty in the Recovery of their Right, I do by Virtue of this Grant them a passport and Leave to follow their Recourse to the Court of London and Appeal to his Brittanic Majesty till the Ultimate Resolution of his Royal Clemency; to this End I have perused the foregoing and do Sign and Order the Royal Signet to be Affixed to the same and Authorized by the present Notary to the Government. Given in the Havannah the fourth of November 1758.
Before me
Diego de Guitierres
Notary to the Governour
Francisco Cavigal de La Vega
We his Majestys Notary Publicks of the Number Admitted in this City Certify that Don Diego Guitierres, by whom this Dispatch is Authorized, is Notary to the Government and that Entire faith and Credit may be given to all his Dispatches, Judicial and Extrajudicial, Dated ut Supra.
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Anto'o Ponce Not'y Publick |
Manuel Rameres Notary Publick |
Christ'o Leal Not'y Publick |
I Certify that the foregoing is a true Translated Copy of the Original Spanish Exam'd by
Garrat Noel
Sworn Span'h Intep'r
[1] For Cagigal. Don Francisco Cagigal de la Vega (1693-1777), who had been governor of Santiago de Cuba from 1738 to 1747, and had defended it successfully against the English in 1741, was captain-general of Cuba from 1747 to 1760, when he became viceroy of New Spain.