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1794 Manuscript Legal Testimony Document written by Benjamin Huntington as Judge Regarding the “Sloop Betsy”

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c. 1794 Federal Period, Manuscript Legal Testimony Document, 2 pages (front & back of a single sheet), measuring 6-7/8" x 8" with the first 1-1/2 pages written in the hand of Benjamin Huntington, as Judge of the Superior Court of Connecticut (not signed), Fine.

This legal manuscript document regards a Seaman’s suit for his Wages on Voyage with the first 1-1/2 pages written in the hand of Benjamin Huntington, as Judge of the Superior Court of Connecticut (not signed), summarizing the pleadings of the Defendant. Benjamin Huntington,(1736-1800), was born in Norwich, CT, graduated from Yale in 1761, admitted to the bar in 1765 and practiced law in Norwich. Served in the Ct. House of Representatives, 1771-1780 (Speaker of the House in 1778 & 1779); a Member of the Continental Congress, 1780-1784, 1787 & 1788; served in the First U.S. Congress, 1789-1791; First Mayor of Norwich, CT. 1784-1796; and a Judge of the Superior Court of CT, 1793-1798.

In this legal case a Seaman sues for his wages earned on a voyage in 1794 on the famous Sloop "Betsey", and the Captain claims the Sailor forfeited his wages when he refuse to follow his lawful orders, such as going ashore when ordered to clear away the deck awning when a hurricane was forecast.

The last half of the second page is a reply written by the Plaintiff's attorney, and Signed “Spalding", refuting the Captain's claim. This document reads, in part, includes (abbreviations spelled out):

"The Defendant in Complaint pleads, defends & says... that when & during the time the Plaintiff had undertaken said voyage, and placed himself under the Command of the Captain of said Sloop, & said Sloop was on her said voyage viz on the 21st day of August 1794 at the Island of Guadeloupe, the Captain ordered & directed the Plaintiff to assist in removing & clearing away the awning on the deck of said Sloop... & which was necessary to be done for the effectual government of said Sloop in a hurricane which was then & there approaching, but the Plaintiff refused to obey the said order of his said Captain, & did then & there desert said vessel without the consent & contrary to the orders of said Captain & go on shore --

and afterwards, at the City of New York on the 13th day of Sept. 1794, when the said Sloop & the Plaintiff was on said voyage, the Captain ordered & directed the Plaintiff to remain on board said vessel & assist in the management & government of her, & which was necessary to be done for the government & management of said Sloop, which order the said Captain had good right to give - but the Plaintiff did then & there wholly refuse to continue on board said vessel - but absented himself therefrom, contrary to said orders & his duty, & at sundry & numerous other times on said voyage the Plaintiff refused to obey the lawfull orders of said Captain given for the good government of said Sloop & deserted from said vessel by means whereof the Plaintiff hath forfeited his claim for said wages & hath no right to pursue this action therefor...."

Boldly written in rich brown ink on lightly toned laid period paper, about 1” of the bottom left corner torn off and neatly repaired, not affecting any writing.

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Lot Number: 134
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