“Cheat them much as you can of ye Duties”

The Connecticut merchant Nathaniel Shaw, Jr., shipped a lot of molasses to merchants in New York and Philadelphia. Since there was very little sugar cane grown around New London, he was buying that commodity in the Caribbean—mostly from French and Spanish colonies.

Under the Sugar Act of 1764, every gallon of molasses imported into British North America carried a duty of 3 pence. (There were duties on other goods as well.) Ships had to carry papers declaring how much molasses and other stuff they carried. When a crew landed cargo at a particular port, the Customs office there collected the duty and “cleared” for shipment anywhere else within the empire. 


Shaw’s letters show he was constantly betting on which port would offer the best price for his molasses. The duty was the same in every port, but Shaw also did his best to minimize the tax he had to pay. And he was blatant about evading duties.

Here are samples from Shaw’s correspondence with his main trading partners showing the many tricks he and his captains used.

On 9 June 1766 to Peter Vandervoort at New York:

(…I want [Abijah] Bebee to to Land his Cargoe without Entring and Return to New Londn. and take another Cargoe of molasses on Board & Return to New York with the Same Clearance if you think it may be done, wich I leave to you) for I Cannot Clear out any more Molasses att the Custom House haveing all Ready Cleard as much as have pd. the Dutys for

Two shipments using the same certificate of duties paid.

On 14 July 1766 to Vandervoort:

I have shipt you by the bearer Abijah Bebee Ten hogsheads and Five Terses of Molasses wich is not Cleared in the Custom House and would have you do the best in Landing and Disposing of it

On 18 July 1766 to Vandervoort:

I have by the Bearer Capt. [William] Hancock shipped you as pr the Inclosed bill of Lading thirty Four Casks of Molasses wich I have Clear’d att the Custom house att about sixty Gallon. they being very large Casks I would have you dispose of them before Hancok hauls into the Dock and then have them Carried off Immediately, as I Imagine if any of the Custo. House Officers should see them they would take notice of their being very large and Possible have them Gauged Again, wich I should not Choose to have done.

Underreporting the size of the casks and working fast so the authorities wouldn’t notice.

On 1 July 1767 to Thomas and Isaac Wharton of Philadelphia:

I…should have wrote you before but have been Endavoring to find what Pretentions your Collector had for obliging you to pay 1d. Sterg. pr Gallon on the Molasses after it had paid the duty in this Port, and am Inform’d by Persons who know as much about Acts of Parliment as Mr. [John] Swieft that it is not the Intention of the Act that Molasses should pay the Duty more than Once, and I should Imagine that when Mr. Swieft finds (wich is Certainly Facts) that no Other Collectr. on the Continent takes the duty but himSelf he will Repay you the money back Again on that Accott.

I shall let the matter Rest a little longer, and if I Find that he Continues to keep the Duty, I shall Imploy an Attorney to git it from him att Common Law and make no Doubt but I shall be Able to Recover it.

If Molasses should take a Rise let me know it and if I should have any Arive will order it to you without Entring of it hear.

Threatening to sue the Customs service for collecting duties twice because he cared so much about following the law. Also, not paying duties in the first place.

On 5 Oct 1769 to Vandervoort:

I have also by Capt. [Edward] Tinker shipt Six hogsheads of Rum and Four Terses for Mr. John Wattles which he would have you forward as pr the Inclos’d Directions and send Ten Keggs of Brandy as I did not Choose to send any by Tinker. I hope you’l have the Terses taken out Soon as they may appear Suspicious.

Unloading quickly before officials could notice.

On 14 Feb 1770 to Vandervoort:

Yesterday Capt. [Joseph] Latham arived in a Sloop of mine from Cape Francoise and I am now Loading Harris with molasses and Sugars for N Y, the Sugars shall Clear as Seads.

On 14 May 1771 to the Whartons:

Inclosed is a bill of lading of 45 hhds. & 9 teirces of Melasses, and Ten hhds. of Sugar by Capt. Powers. . . . Their is only two hogsheads of Sugar cleared out, and you must get the Remainder on shore in the best manner you can. I have put 19 bags Coffee on board which is cleared out as Cocoa, you must manage that in the best manner you can.

Mislabeling cargo, and getting casks “on shore in the best manner you can.”

On 17 May 1771 to the Whartons:

I have by the bearer Capt. Edwd. Tinker in the Sloop Sally, Shipt you seventy four hogsheads of Melasses, and thirteen hogsheads Sugar, which dispose of for my Accott. The Sugar is in Melasses Hogsheads & you must Land them in the Safetest manner you can, for I Could not Clear them out.

11 Nov 1772 to the Whartons:

I Should have wrote you by the last Post but was att New Port on a very Disagreable Errand. A Brigg of mine from Guadalupe with Two hundred hogsheads of Melasses, by Stress of Weather was drove into New Port and the Custom House Officers Oblig’d him to Enter his Cargoe and the Stupid fellow Reported only Seventy hogsheads and they have made a Seizure of the Remainder. I have Sent a Petition to the board of Commissioners att Boston praying that it might be Admitted to an Entry. How farr they will be prevaild on, time only will Discover. In Case its Condemn’d they flatter me that I Shall have it att About Seven pence Sterling pr Gallon.

Even if the Newport Customs office confiscated the 130 extra hogsheads, officials suggested that at auction he should be able to buy that molasses back at a good price.

On 2 Jan 1773 to Vandervoort:

I wrote Messrs. Whartons for a full Load for [Edward] Chappell, and I now send him with a Load of Sugars and have only Clear’d out Seventeen hogsheads and think the best plan will be for him to enter at New York and apply for Liberty to take in those twenty Casks he brought down before, and git Certificates for abought Twenty more and go on to Phila. or if you think their is no danger let him go on with his Clearance for the 17 hhds. but am really afraid of the Consiquence and think it best to Clear out some more at N York.

In Case Chappell cannot git up to Phila. by reason of the Ice, I would have him return to N. York, and if you can not get 48/ pr Ct. for his Sugars, I should be glad to have him Cleared out for Boston, and let him take out a new Register in his own name as I do not choose to have the Sloop go their with the old Register.

Duplicate paperwork.

On 13 July 1774 to Vandevoort:

The bearer [Capn?] Tinker has on board about twenty thousand Gal Melasses in the Brig Mermaid wich you must dispose off on the best terms you can for my Interest. We have reported 150 hhd & 50 Teirces. I beg you will Cheat them much as you can of ye Duties.

Shaw and Tinker had reported 15,000 gallons in hogsheads and another 3,300 in the smaller casks called tierces, or about 10% short of what they actually had brought in. So any way that Vandervoort could “Cheat” on the duties was added profit.

Given Shaw’s normal way of doing business, Capt. William Reid probably had good reason to be suspicious when he saw two of the merchant’s ships rendezvousing in Long Island Sound on 17 July 1769. Once Reid had seized those ships, Shaw came roaring into Newport to get them back.

It’s possible that Shaw didn’t plan to extend his repertoire of resistance to include holding Reid hostage, inciting a riot, ruining the Customs sloop, and absconding with his sloop. But that’s what he and his men and the Newport crowd ended up doing.

“I am as Inocent of Destroying the Sloop as Either of you”

In 1933, the New London County Historical Society published the second volume of its collections, titled Connecticut’s Naval Office at New London During the War of the American Revolution.

The Continental agent in that port was Nathaniel Shaw, Jr. (1735-1782). As an addendum to the collection of public papers, the society’s editor and honorary president, Ernest E. Rogers, included a transcript of Shaw’s letterbox as a merchant in the years before the war.

That source from Shaw’s own hand confirms his connection to the ships involved in the Liberty riots in Newport, Rhode Island, and New London, Connecticut.

On 12 June 1769, Shaw wrote to a man he called Theopulas Backe: “Sir, Inclosed is a letter from Capt. Joseph Packwood which he desir’d might be forwarded to you. He is now in the West Indias, and when he will Return is Uncertain.” Packwood returned to Long Island Sound with Haitian sugar and molasses the next month.

Eight days later, Shaw wrote to his regular trading partners in Philadelphia, Thomas and Isaac Wharton:

I wrote you ye 16 Inst. by Capt. Edwd. Tinker ye Sloop Sally who had on Board 121 Casks of Melasses, who was to Proceed to N. York & in Case ye price of Melasses was not Equal to what you wrote [me?] by the Post, I gave him Orders to Proceed to Philadelphia & deliver his Cargoe to you.

The Customs sloop Liberty seized Tinker’s Sally and Packwood’s Thames in July. Shaw and Packwood went to Newport to get them back. And one riot later, they went home.

As I reported yesterday, in September the New London Customs office seized the Sally again.

Here’s what Nathaniel Shaw had to say about that situation in a 14 Sept 1769 letter to John and George Erving of Boston:

Gentlemen, I Received yours of the 28th Ulto. and am very much Oblig’d to you for your Advise in Regard to the Prosecution that is Intended Against me.

Att Present I Cant Conceive on what Accott. they Intend to trouble me, as I am as Inocent of Destroying the Sloop [Liberty] as Either of you, and can make it Appear so to the Sattisfaction of any Court or Jury in this Colony, and I am of the Opinion if I can do that, it will be Suffecient and In Case they are Determined to have the Matter try’d in Boston att a Court of Admiralty, should be glad you would Inform me in your next what method they are to take to Oblige Either Packwood or me to Appear their or if it goes Against us by Default what Plan they are to Persue to get the Money. Att Present we have no Judge of ye Admiralty in this Colony and I beleive no Person hear would att this time Except of it.

Mr. [Duncan] Stewart has Seiz’d a Sloop which he Suspects is the Sloop that was Carried of[f] att N Port the Night the Liberty was Destroy’d. It is now Seventeen days Since the Seizure was made and he has done nothing towards having her Libel’d. Neither can he git any advise from the Commisoners what steps to take with her, he has no Evidence hear to Prove this to be the Sloop, nor Cant have any, unless Capt. [William] Read or some of his People should come hear, & I beleive it will not be Convenient for them to make their appearence very Soon and haveing the Sloop detain’d so long must Consequently Create an Expense which must fall some where,

I Proposed to Mr. Stewart to have ye Sloop Appriz’d as she now is & give him Security for ye Vallue In Case she be Finally Condemn’d, that we might go on with her Repairs as she wants much before she is in a Condition for the Seas, I should be glad you would Consult some Person who can Advise me in this matter, what steps to take for I Suppose Mr. Stewart will not do any thing untill he has Orders from ye Commisoners.

Shaw’s letterbook doesn’t tell us directly whether Collector Stuart accepted his proposal. But he must have gotten his sloop back because on 17 May 1771 he wrote to the Wharton brothers again:

I have by the bearer Capt. Edwd. Tinker in the Sloop Sally, Shipt you seventy four hogsheads of Melasses, and thirteen hogsheads Sugar, which dispose of for my Accott.

Shaw insisted he was innocent of destroying the Liberty, that the Customs sloop hadn’t caught his Sally, and by extension that he wasn’t in the business of smuggling molasses.

TOMORROW: What Shaw’s other letters have to say about that.

[The photo above, courtesy of Historic Buildings of Connecticut, is Nathaniel Shaw’s house, now owned by the New London County Historical Society.]

“Having made Seizure of a Sloop named the Sally”

As I’ve been relating, July of 1769 was not a good month for the royal Customs service in New England.

On 19 July, a Newport mob had ruined the Customs patrol ship Liberty after threatening its captain and crew. The next day, with no armed vessel to stop them, sailors “rescued” a sloop named Sally that the Liberty had seized. The captain of another ship detained at the same time, the brig Thames, successfully demanded that his vessel be released for lack of evidence.

On 25 July, a smaller mob in New London beat up one Customs officer and intimidated others. And on 31 July, the hull of the Liberty caught fire and burned to the waterline, rendering it beyond repair.

It took a while for the Commissioners of Customs in Boston to respond, but in August they made a move. On 14 August this advertisement appeared in the Newport Mercury:

WHEREAS William Reid Commander of the Sloop Liberty, employed in the Service of his Majesty’s Customs, having made Seizure of a Sloop named the Sally, Edward Finker Master, belonging to New-London, loaded with a Cargo of prohibited Goods, carried the same into the Harbour of Newport, Rhode Island, where a great Number of People, riotously and tumultuously assembled together, in the Evening of the 19th of July last, and having, by Force and Arms, attacked and secured the said Captain Reid and his Men, and taken Possession of both Vessels; they set Fire to, and sank the Liberty, and carried off the Sloop Sally:

For the apprehending, and bringing to condign Punishment, the Persons concerned in this daring and atrocious Outrage, The Commissioners of his Majesty’s Customs do hereby promise a Reward of One Hundred Pounds Sterling, to any Person or Persons who shall inform against any of the Offender or Offenders (except Nathaniel Shaw, Joseph Packwood and —— Angel;) to be paid on his or their Conviction.

By Order of the Commissioners,
RICHARD REEVE, Sec’ry.

This advertisement and Capt. Reid’s report to the head office referred to the captain of the Sally as Edward Finker. However, other sources make clear his name was Edward Tinker. A handwriting error, or had he given the authorities a false name?

As for the other men named in the ad, Nathaniel Shaw, Jr., was the owner of the Thames and the Sally. Joseph Packwood was captain of the Thames. James Angel or Angell worked for Shaw as a captain after 1774; at this time he might have been a mate. The parenthetical phrase with their names is placed ambiguously, but I think the commissioners meant those three were ineligible for the reward since they had carried out the crime.

As good bureaucrats, the commissioners also set out to close the books on the Liberty project. On 4 September, this ad ran in the Boston Evening-Post:

All Persons who have any Demands for Stores, Carpenter’s Work, Provisions, &c. upon Account of the Sloop Liberty, lately employed in the Service of his Majesty’s Customs, are hereby desired to send in their Accounts forthwith to Messrs. Green & Russell, Printers at Boston. Sept. 2. 1769,

Green and Russell were the printers of the Boston Post-Boy, which got the bulk of the Customs office printing business—at least until John Mein came to town. It’s striking that they were collecting bills for work on the Liberty rather than the Customs staff, but probably more artisans felt safe walking into their print shop than into the Customs house on King Street.

According to Joseph R. Frese’s article, in all the Customs service paid £980 to fit out the Liberty as a patrol vessel, plus £371 for “maintenance.” To be sure, most of that money went to shipwright Robert Hallowell, brother of Customs Commissioner Benjamin Hallowell.

Then the Customs service caught a break—and a ship. The 11 September Boston Evening-Post reported:

We hear from Norwich, that last Wednesday se’nnight a small Sloop was seized there by Duncan Stewart, Esq; Collector at the Port of New London, upon information that it was the same Sloop lately seized by Capt. Reid, in the Sloop Liberty, and carried into Newport, and thence rescued.

The Customs service had the Sally in custody again.

TOMORROW: Nathaniel Shaw wanted his sloop back.