Declaration-Signer and U.S. Flag Designer Francis Hopkinson Decides in Favor of Bermudian Sailors in Revolutionary War Prize Case

FRANCIS HOPKINSON, Document Signed, Decree, August 14, 1781, Philadelphia, in Leonard & Wright v. Schooner May Flower & Sloop General Leslie. 1 p., 7.75ʺ x 12.375ʺ. Expected folds; some small holes on folds; very good.

In the summer of 1781, the Nesbit, a privateer brigantine under the command of James Forbes of Baltimore, captured the schooner Tryal at sea and brought it into Philadelphia to have it condemned. Among the “property” on board the Tryal were four slaves who belonged to British owners. The Nesbit also captured the schooner May Flower and the sloop General Leslie, the latter of which also had six slaves aboard. Captain Forbes petitioned the admiralty court to have the ships and their cargoes condemned and sold for the benefit of Forbes, his crew, and his financial backers.

Aboard the Tryal were two sailors, John Leonard and William Wright, apparently from Bermuda, who agreed to serve aboard the Nesbit with the stipulation that they would be excused from service if the Nesbit encountered another ship crewed by Bermudians. Apparently, the captain excluded them from prize money that the crew of the Nesbit received for the capture of the General Leslie and the May Flower. The May Flower was serving as a dispatch boat for the British between New York and Portsmouth, Virginia. Leonard and Wright sued in the admiralty court in Philadelphia for their share of the prizes. Judge Hopkinson ordered that Leonard and Wright should each receive “one Seaman’s share” of the prize money and ordered Marshal Clement Biddle to pay one share each to them or their agents.

Hopkinson held separate hearings on condemning the May Flower and the General Leslie as prizes on June 25 and June 28. Marshal Biddle sold both the May Flower and the General Leslie and their cargoes at public auctions on July 2 and July 5. The fate of the slaves remains unclear.

After Congress passed the Judiciary Act of 1789, admiralty jurisdiction transferred to federal district courts rather than state courts.

Excerpt:
“Having heard and considered the Claim filed in this Cause and the Proofs in Support of the same I do hereby adjudge and decree that John Leonard and William Wright are entitled to one Seaman’s share each of the Monies arising from the Sale of the Prizes aforesaid; and that the Marshall of this Court, in the Distribution of those monies, do pay one Seaman’s Share thereof to the said John Leonard or his agent to and for his use and one other Seaman’s Share thereof to the said William Wright or his agent to and for his use. And if it shall happen that they or either of them shall neglect to appear either in Person or by Agent to receive their or his Shares or Share then the said Marshall is forthwith to bring such Share or Shares into Court that the same may remain ready to be paid to them when they or their Agents or Agent duly authorized may appear and demand the same according to the Resolves of Congress the Usages of Nations and the Act of Assembly of this State in such Case made and provided.
August 14, 1781.
Fras Hopkinson”

Francis Hopkinson (1737-1791) was born in Philadelphia and graduated from the College of Philadelphia (now University of Pennsylvania) in 1757 with a bachelor’s degree and in 1760 with a master’s degree. In 1759, he became the first American composer of a secular song. He practiced law in Philadelphia from 1761 to 1766. After spending more than a year in England unsuccessfully seeking the office of Commissioner of Customs for North America, Hopkinson returned to Philadelphia, became a merchant, and served as Collector of Customs at New Castle, Delaware. From 1774 to 1776, he served as a member of the New Jersey Provincial Council and represented New Jersey in 1776 in the Second Continental Congress, where he signed the Declaration of Independence. He served in a variety of offices during the Revolutionary War, including member of the Navy Board (1776-1777), Treasurer of the Continental Loan Office (1778-1781), and Judge of the Admiralty Court of Pennsylvania (1779-1789). As an artist, Hopkinson created designs for Continental paper money, the first United States coin, and two early versions of the American flag, one for the United States and another for the U.S. Navy (both originally with six-pointed stars). He also contributed to the design of the Great Seal of the United States. In addition, he was a member of the Pennsylvania Convention that ratified the U.S. Constitution. In 1789, President George Washington appointed Hopkinson as judge of the new United States District Court for the District of Pennsylvania, a position Hopkinson held until his death nearly twenty months later.

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