1.   Historical note

2.   Scope and content

3.   Provenance

4.   Processing note

5.   Inventory

6.   Subjects


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    R.I.H.S. Library page

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 Clark & Nightingale

 Merchants, Providence, RI.

 1770-1808

 Size: .25 ft.

 Catalog number: MSS 354

 Processed by: Phoebe Simpson, August 2006.


©Rhode Island Historical Society

Manuscripts Division

 


Historical note:


            Many of the accounts record the financial activity of trade voyages to Catavia (Jakara) and Isle de France. Goods included: indigo, "Bengal Goods," hats, steel, wine, brandy, cheese, sugar, meat, linseed oil and paper. "Bengal Goods" refer to a range of textiles - or 'piece goods' - purchased in Bengal. Specific textiles may include: muslins, painted or printed chintz and palampores, plain white baftas, diapers and dungarees, striped allejaes, mixed cotton and silk ginghams, and embroidered quilts.

            "On 27 June 1772, the English navy ship Beaver seized a ship of Providence merchants Clark and Nightingale. Thereupon Clark and Nightingale sued Charles Dudley, the Collector of Revenue. The theory that an English Navy ship could not enforce civil law in Narragansett Bay without the consent of the Rhode Island Governor was asserted in court, by Chief Justice Hopkins, just a few days after the destruction of the Gaspee. On 27 June 1772, the English navy ship Beaver seized a ship of Providence merchants Clark and Nightingale. Thereupon Clark and Nightingale sued Charles Dudley, the Collector of Revenue. The theory was that the H.M.S. Beaver had no authority from Governor Wanton to enforce customs laws "within the colony," i.e., in Narragansett Bay. The judges of the court were Chief Justice Hopkins, and Justices James Helme, Benori Hall, and Stephen Potter, with Clerk Arthur Fenner. They allowed evidence and legal argument which resulted in a specific jury finding of fact.

            On the basis that Capt. Linzee had not first presented his orders to Wanton, and been "sworn in" (authorized) by Wanton to enforce civil customs law in Rhode Island, the judges adjudicated that Customs Collector Dudley was liable to Clark and Nightingale for 500 English pounds damages for an unlawful seizure. In addition, the Rhode Island court issued a judgment directing the return of the ship to Clark and Nightengale." Joseph Bucklin Society [http://www.gaspee.info/GaspeeHistory/theory_of_attack.htm]

            "In John Clark and Joseph Nightingale v. Charles Dudley, Collector of Revenue, Providence County Superior Court, Record Book Number 2, pages 160 to 166, the attempted customs seizure by the English navy ship Beaver was frustrated. On June 27, 1772, the Beaver had stopped the ship of Clark and Nightingale, prominent merchants of Providence, after it had reported its cargo to Newport and was proceeding to Providence. The captain of the Beaver found 55 hogsheads of molasses and 26 hogsheads of sugar which had not been reported and on which no import tax had been paid. The Beaver seized the illegal goods and the ship and took them to Newport for legal action. On July 2nd, Clark and Nightengale appeared in the Newport office of Dudley and demanded that he as Collector of Revenue accept their declaration of importation of 55 hogsheads of molasses and 26 hogsheads of sugar and take the tax money they offered him. Dudley refused to accept the declaration or tax money on the reasonable ground that it was too late because the goods and ship had already been seized for illegal smuggling.

            "The Clark and Nightingale case proceed to a judgment against Dudley in which the jury found that he should pay 500 English pounds damages for his illegal actions and the judges issued a judgment ordering him to accept the tax payment. The theory was simple, but legally elegant. Because the Beaver could not legally take any action in Narragansett Bay, the seizure was void, and hence there was in law no seizure and Dudley had no legal right to refuse payment of taxes by citizens who voluntarily were complying with the law." Joseph Bucklin Society [http://www.gaspee.info/GaspeeHistory/law_weapon_II.htm]


Bibliography:


British Library Web Site [www.bl.uk]

Chapin, H.M. "Check list of Rhode Island almanacs, 1643-850." Proceedings of the American Antiquarian Society, n.s. v. 25 (1915): 24-26.

Joseph Bucklin Society [http://www.gaspee.info/GaspeeHistory/theory_of_attack.htm]

Joseph Bucklin Society [http://www.gaspee.info/GaspeeHistory/law_weapon_II.htm]

Revolutionary War Series of The Papers of George Washington. 1:387


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Provenance:


            The Estate of Sarah A. (Walker) Cranston


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Processing note:


            This collection was previously housed on open shelving with one envelope holding the nine Almanacks that belonged to Joseph T. Holroyd. The Almanacks were previously labeled only as: "diaries of Joseph T. Holroyd."


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Inventory:


Volume 1.   Ship Providence, Account Sales No. 1. 1795 - 1797
Volume 2. Ship Providence & Ship Huron, Accounts of Sales. 1795 - 1797
Box 1, Folder 1. New Fountain, Expenses. 15 Oct 1788 - 13 Nov 1788
Box 1, Folder 2. Accounts Book. 1778 - 1779
Box 1, Folder 3. Agents Accounts for Ship Blaze Castle. 1778 - 1779
Box 1, Folder 4. Record of vessels arriving and departing by Joseph T. Holroyd within: The New-England almanack, or Lady’s and gentleman’s diary, for  the year of our Lord Christ 1770 : ... calculated for the meridian of Providence, in New-England/ By Benjamin West, philomath. (Providence: John Carter, 1769.) 1770
Box 1, Folder 5.  

Record of vessels arriving and departing by Joseph T. Holroyd within: The New-England almanack, or Lady’s and gentleman’s diary, for the year of our Lord Christ 1782 :.../ By Isaac Bickerstaff, Esq [Nathan Daboll], philom. (Providence: John Carter, 1781.)

1782
Box 1, Folder 6.   Record of vessels arriving and departing by Joseph T. Holroyd within: The New-England almanack, or Lady’s and gentleman’s diary, for the year of our Lord Christ 1786 :.../ By Isaac Bickerstaff, Esq [Nathan Daboll], philom. (Providence: John Carter, 1785.) 1786
Box 1, Folder 7. Record of vessels arriving and departing by Joseph T. Holroyd within: The New-England almanack, or Lady’s and gentleman’s diary, for the year of our Lord Christ 1789 :.../ By Isaac Bickerstaff, Esq [Nathan Daboll], philom. (Providence: John Carter, 1788.) 1789
Box 1, Folder 8. Record of vessels arriving and departing by Joseph T. Holroyd within: The New-England almanack, or Lady’s and gentleman’s diary, for the year of our Lord Christ 1790 :.../ By Isaac Bickerstaff, Esq [Nathan Daboll], philom. (Providence: John Carter, 1789.) 1790
Box 1, Folder 9.   Record of vessels arriving and departing by Joseph T. Holroyd within: The New-England almanack, or Lady’s and gentleman’s diary, for the year of our Lord Christ 1792 :.../ By Isaac Bickerstaff, Esq [Nathan Daboll], philom. (Providence: John Carter, 1791.) 1792
Box 1, Folder 10. Record of vessels arriving and departing by Joseph T. Holroyd within: The New-England almanack, or Lady’s and gentleman’s diary, for the year of our Lord Christ 1793 :.../ By Isaac Bickerstaff, Esq [Nathan Daboll], philom. (Providence: John Carter, 1792.) 1793
Box 1, Folder 11.    Record of vessels arriving and departing by Joseph T. Holroyd within: The New-England almanack, or Lady’s and gentleman’s diary, for the year of our Lord Christ 1794 :.../ By Isaac Bickerstaff, Esq [Nathan Daboll], philom. (Providence: John Carter, 1793.) 1794
Box 1, Folder 12. Record of vessels arriving and departing by Joseph T. Holroyd within: Thomas’s Massachusetts, Connecticut, Rhode-Island, Newhampshire & Vermont almanack, with an ephemeris, for the year of our Lord 1795: : ... Fitted to the latitude and longitude of the town of Boston, but will serve without essential variation for the adjacent states. (Worcester: Isaiah Thomas, 1794.) [Also bears inscription: James V. Murray, N° 135 Cheapside, London.] 1795

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Subjects:


Batavia.

Brandy.

Cheese.

Gaspee (Schooner)

Ille-de-France (France)

Indigo industry.

Jakarta Bay (Indonesia)

Linseed oil.

Malabar Coast (India)

Mauritius.

Meat.

Paper.

Steel.

Sugar.

Textile industry.

Wine.

United States - History - Revolution, 1775-1783 - Causes.


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RIHS1822