The authorities wasted little time in applying the law banning American participation in the foreign slave trade.  On August 15th, less than two weeks after the Prudent’s arrival at Fort Mifflin on the 6th, the case U.S. vs. Schooner Prudent was brought in Federal District Court, Judge Richard Peters presiding.

The legal procedure for prize cases was well established by this time and unfolded in court in a series of discrete steps (primary source images are linked to the details of each step).

1. Libel – opening of the case, statement of charges [1].
2. Attachment  – the court formally takes physical possession of the prize and cargo [2].
3. Proclamation – the court calls upon interested parties to argue that the prize and cargo should not be condemned [3].
4. Condemnation  – court rules for the plaintiff — the U.S. in this case — and formally takes title to the prize and cargo [4].
5. Order – the court orders the marshal to advertise and sell the seized assets at auction [5].
6. Advertisement – the prize and/or cargo are advertised for sale at auction [6].
7. Sale – the prize and/or cargo are auctioned and sold. Proceeds are paid to cover costs, remainder goes to the court. Presumably, a portion of this went to the crew of the Ganges as prize money [7].

Like any other legal proceeding, both plaintiff (the United States) and defendant could provide evidence and give oral or written testimony to advocate for their respective positions. The defendant, which in prize cases was “the thing itself” (i.e. the Prudent), was the legal shorthand for the owners of the vessel and cargo threatened was with seizure. They could hire legal representation to press their case.

As a case proceeded, pertinent documents would be collected in a case file and the court clerk would record a short summary of each step in the court minutes. For U.S. vs Prudent, the court minutes and a small case file survive [8].

U.S. vs Prudent was about as straightforward as a prize case could be. The vessel registration clearly indicated she was outfitted and owned by Americans, cleared for Africa from Newport in 1799 and caught red-handed off the coast of Cuba by the U.S.S. Ganges with 17 slaves aboard. The owners, Fairbanks and Weeden, did not even mount a defense. They were no-doubt aware of what had transpired. The Prudent’s seizure was reported in both Newport and Providence newspapers soon after her arrival in Philadelphia [9].

Consequently the case, from the initial libel on August 15th to the successful auction sale on September 12th lasted less than a month. The buyer, Norris Standley (or Stanley), merchant of Philadelphia, paid $410 for the Prudent and her “tackle, furniture, apparel and other appurtenances” [10].

Ironically, none of the surviving court documents even mention the slaves aboard the Prudent, so it’s difficult to ascertain exactly how their free status was established. We can say, though, they were free by August 30, 1800 when Demau Ganges became the first person to agree to be indentured, which required her to be a free woman [11].

The case of U.S. vs the Schooner Phoebe proved to be as complex as U.S. vs Prudent was simple, persisting in various cases in various courts for more than 70 years. That story is next.

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Notes

[1] August 15, 1800 – Libel The United States v The Schr. Prudent &c,  See Info filed this Day. Slave Trade
Libel read & filed & Process awarded retble [returnable] next Court Day 22d inst.

Records of the U.S. Circuit Court for the Western District of Pennsylvania, 1801-1802 and Minutes and Habeas Corpus and Criminal Case Files of the U.S. District Court for the Eastern District of Pennsylvania, microfilm publication M987, 3 rolls (Washington D.C.: National Archives and Records Service, 1975). roll 1, target 3, Engrossed Minutes of the U.S. District Court for the Eastern District of Pennsylvania, Vol. 2, 1798 – Aug. 1801 (pt.), 256, online digital image at www.familysearch.org/ark:/61903/3:1:3Q9M-C911-QHXC-1?i=569&cat=557420 , accessed 24 Mar 2019.

[2] August 22, 1800 – AttachmentThe United States v The Schr. Prudent &c,  See Info file 15. Augst. 1800.
Writ of Attachment &c. retd. [returned] “Attached &c.

“Records of the U.S. Circuit Court for the Western District of Pennsylvania, 1801-1802 and Minutes and Habeas Corpus and Criminal Case Files of the U.S. District Court for the Eastern District of Pennsylvania, NARA M987,  roll 1, target 3, Engrossed Minutes of the U.S. District Court for the Eastern District of Pennsylvania, Vol. 2, 1798 – Aug. 1801 (pt.), page following 258, online digital image at www.familysearch.org/ark:/61903/3:1:3Q9M-C911-QHDT-3?i=570&cat=557420 , accessed 24 Mar 2019.

[3] August 25, 1800 – Proclamation
The United States v The Schr. Prudent &c,  See Info file 15. Augst. 1800.
And now Proclamation is openly made that if any one hath any ? to say why the sd. Schr. Pho Prudent in the Libel mentioned with her Tackle Furniture Apparel and other Appurtenances should not be condemned and otherwise disposed of as the Law in such Cases provides and directs he may appear and he shall be heard. And no Person appeared.

“Records of the U.S. Circuit Court for the Western District of Pennsylvania, 1801-1802 and Minutes and Habeas Corpus and Criminal Case Files of the U.S. District Court for the Eastern District of Pennsylvania, NARA M987,  roll 1, target 3, Engrossed Minutes of the U.S. District Court for the Eastern District of Pennsylvania, Vol. 2, 1798 – Aug. 1801 (pt.), 270, online digital image at www.familysearch.org/ark:/61903/3:1:3Q9M-C911-QHDY-S?i=572&cat=557420 , accessed 24 Mar 2019.

[4] August 26, 1800 Condemnation

The United States v The Schr. Prudent &c,  See Info file 15. Augst. 1800.
And now Proclamation is twice openly made as before and no person appears.

Whereupon, on Motion of the Dist: Atty: it is adjudged, ordered and decreed that the said Schooner or Vessel called the Prudent with her Tackle, Furniture, Apparel and other Appurtenances be condemned as forfeited to the United States – and that the same be sold by the Marshal of this District and that he bring the Monies arising from the said Sales into the Court to be disposed of as the Law in such Cases provides and directs.

Records of the U.S. Circuit Court for the Western District of Pennsylvania, 1801-1802 and Minutes and Habeas Corpus and Criminal Case Files of the U.S. District Court for the Eastern District of Pennsylvania, NARA M987,  roll 1, target 3, Engrossed Minutes of the U.S. District Court for the Eastern District of Pennsylvania, Vol. 2, 1798 – Aug. 1801 (pt.), 270, online digital image at www.familysearch.org/ark:/61903/3:1:3Q9M-C911-QHDY-S?i=572&cat=557420 , accessed 24 Mar 2

[5] August 26, 1800 Order to Sell at Auction

Information Case Files, 1789-1843, and Related Records, 1792-1918, of the U.S. District Court for the Eastern District of Pennsylvania, microfilm publication M992, 10 rolls (Washington D.C.: National Archives and Records Service, 1978). roll 1, target 2, Information Case Files 1789-1801, U.S. v. the Prudent et al., Writ to Sell 26 Aug. 1800, online digital image at www.familysearch.org/ark:/61903/3:1:3Q9M-CS53-M31M-V?i=921&cat=403641 , accessed 24 Mar 2019.

[6] August 27, 1800 – Advertisement

Gazette of the United States, & daily advertiser. (Philadelphia [Pa.]), 27 Aug. 1800. Chronicling America: Historic American Newspapers. Lib. of Congress, 3,  chroniclingamerica.loc.gov/lccn/sn84026272/1800-08-27/ed-1/seq-3/ accessed 24 Mar 2019.

[7] September 12, 1800 SaleSales of the Schooner Prudent with her Tackle Furniture apparel and other appurtenances, Condemned in the District Court of the United States for having been fitted out equipped and prepared at a port of the United States and caused to sail from there for the purpose of carrying on a Trade or Traffic in Slaves &c &c contrary to the act of Congress in such case made & provided, and Sold by the Marshal of the Pennsylvania District on behalf of the United states and
1800
Septemr 12th. To Norris Standley the said schooner for Doll. 410 ..
Charges . . . vis.
Paid Holmes & Romney Bill .    .    .    .    .    .    .    .      Dr.  95.40
”        Custom House for Tonage & entry     .    .    .     .   ”   33.00
”        Harbour Master & Health Officer .    .    .    .     .   ”     7.00
”        Stripping transporting & storing sails    .    .    .     .     7.00
”        Wharfage Wetting Decks & Pumping     .    .    .     .    38.00
”         Advertising & Scrier & Coffee room 2:67/100 D.      10.67

Information Case Files, 1789-1843, and Related Records, 1792-1918, of the U.S. District Court for the Eastern District of Pennsylvania, 10 rolls (Washington D.C.: National Archives and Records Service, 1978). roll 1, target 2, Information Case Files 1789-1801, U.S. v. the Prudent et al., Sale of the Schooner Prudent 12 Sep. 1800, online digital image at www.familysearch.org/ark:/61903/3:1:3Q9M-CS53-MQ3H-W?i=923&cat=403641 , accessed 24 Mar 2019.

[8]See Engrossed Minutes and Information Case Files.

[9] August 9, 1800 – Prudent’s capture reported in Newport, RI newspaper.

[10] See: Sale of Schooner Prudent in Information Case Files.

[11] Pennsylvania Abolition Society papers (Collection 490), Series IV, Committee of Guardians indenture papers for Africans taken from the slave schooner “Prudent” by Capt. Maloney of the  “Ganges” 1800, Indenture from Demau Ganges to Moses Hill, 30 Aug 1800, Box 2 Folder 17,  The Historical Society of Pennsylvania, Philadelphia. Demau was 12 years old, so her indenture required the signature of George Williams and Samuel Bettle of the Abolition Society serving as her next friends. Demau’s indenture was later transferred to James Embree of Chester County.

[12] Birch, William R, The City of Philadelphia in the State of Pennsylvania