Revolutionary War Privateering Commission to Loyalist David Fenton for the Sloop 'King George' [with] 1757 Seven Years' War Decree to David Fenton and other British Privateers to Refrain from Hostilities in the Gulf of Naples.

New York: Court of the Vice Admiralty, Province of New York, 1757 & 1779. Commission to the privateer David Fenton, one of the few and last granted in New York in the period between July 1777 and October 1779 when the British Governor and other Loyalists were declared public enemies, putting an end to privateering by the British.

Both documents were issued to David Fenton, a British privateer captain whose career spanned several decades. In New York Fenton was granted a commission in the narrow window between mid April, 1777, when the "Act for enabling the Lords of the Admiralty to grant Commissions...," came about and when notice of it was printed in The New York Gazette. In the late 1770s privateering played a primary role in the destruction of rebel warships and the disruption of trade in the American colonies. The Royal Navy did not have sufficient vessels to blockade the entire American/rebel east coast, and so used privateers to accomplish this goal.

The first document is an original privateering commission to David Fenton, dated "the Eighth Day of February in the nineteenth Year of Our Reign" (1779), signed by Robert Bayard, Judge of the Court of Vice-Admiralty of the province of New-York, and with the original Admiralty seal attached. This commission was one of the very last granted by the British during the Revolution: just eight months later, on October 22, the New York Act of Attainder or Confiscation Act would declare Governor Lord John Murray Dunmore, General William Tryon, Oliver De Lancey, and 57 other Loyalists to be public enemies, their personal estates to be confiscated. David Fenton and Robert Bayard would return to England and file claims for lost property.

[with]

A 1757 printed decree to David Fenton and other Privateers to refrain from hostilities in the Gulf of Naples, signed (printed signature) 'W. Pitt'. The decree reads, in part: ... "We being desirous to give all Marks in Our Power of Friendship and Regard for the Court of Naples, Do hereby strictly enjoin the Commanders of all Ships and Vessels, that have, or may have Letters of Marque, or Commissions for Private Men of War, to abstain from any Act of Hostility, against the Ships and Subjects of the French King within the Gulph of Naples during the present War; Provided That all Privateers, and other French Ships, do, on their Part, strictly observe the Orders that have been given them, to the same Effect. By His Majesty's Command, W. Pitt. Manuscript at left: "For Capt. David Fenton of the private Brigantine of War The Duke of Marlborough Delivered by Order of the Commissary & c of the Court of Vice Admiralty New York." It is signed by the current Register of the Court. 8 1/4 x 13", with original folds.

David Fenton was the commander of the Sloop "King George"; its owners are listed in the commission as "Henry Law, Henry Dawson and Henry W. Perry of the City of New York, Merchants". Two alternate commanders, in the case of Fenton's death are also named: William Cummings and John Lanxay. The sloop is described as "being a square sterned vessel rigged as a Sloop, being employed in Trade, laden with Ballast of the burthen Eighty Tons, having on board ten Guns carrying Shot of four Pounds Weight and ten Swivels, belonging to the Port of New York, and bound on a Voyage to the Island of Jamaica". Signed "By order of his Honor the Judge D. Matthews, Reg." and by "Rob't Bayard".

Loyalists turned privateers in New York were often merchants based at the end of Manhattan in the Wall Street and Water Street area. David Fenton, a captain and a ship owner, was born in England and arrived in New York between 1744 and 1752. During the French and Indian War he commanded a privateer. In New York during the Revolution he was openly loyal to the British and resided on Wall Street. His property was confiscated at the conclusion of the war, as with other Loyalists.

Printed on watermarked laid paper. In excellent condition. 19 1/4 x 17", with original folds. Fine. Item #21574

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