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Colonial and State Records of North Carolina
Petition from Leonard Dessaux et al. concerning a suit against the Adventure
Dessaux, Leonard; Et Al.
Volume 16, Page 220

[From Executive Letter Book.]

State of North Carolina.

The Petition of Marshal Bostair, Leonard Dessaux and others humbly sheweth:

That your Petitioners libelled in the Court of Admiralty for the port of Brunswick, the Schooner Adventure, her Cargo, &c., on which there was a sentence or decree of the said Court and from which said sentence there was an Appeal to the Court of Appeals at Philadelphia, which said Court of Appeals, revoked, reversed and annulled part of the sentence of the Court of Admiralty aforesaid, in favor of your said petitioners, as will more fully appear by a copy of the sentence or decree of the said Court of Appeals, handed to your Excellency with this petition:

That whilst the said Appeal was pending in the said Court of Appeals, Sampson Mosely, Esquire, Judge of the said Court of Admiralty, took protection under the British Arms at the late invasion of this State. By which means the office of Judge of the said Court of Admiralty became vacant, inasmuch, as by an Act of the General Assembly of the State, held at Wake Court House, in July last, all officers, Civil and Military, who have taken protection under the British Arms, during the late invasion of this State, are incapacitated from acting in their respective offices; that the said office being unfilled, the sentence or decree of the said Court of Appeals on behalf of your said petitioners cannot be executed or enforced.

Your said Petitioners do therefore humbly request that your Excellency will be pleased to take the premises into consideration and to give them such redress as to your Excellency shall seem right and your Petitioners as in duty bound shall ever pray, &c.


Referred the Petitioners to the General Assembly because their meeting will happen before Council, whose advice is requisite, could be convened and inquiry into allegations made.