I found the following records concerning Otway Burns in miscellaneous files in the Manuscript Collection at NC Archives in Raleigh, NC while doing research on another project. Since I have not found the documents recorded elsewhere I decided to publish them here for those doing research on the subject. Ellen Fulcher Cloud

FEB. 13, 1896

COL, J. D. WHITFORD,

Dear Sir;

I have been through the papers in this office but have found nothing more since my last letter, in regard to OTWAY BURNS & THE SNAP DRAGON. Some of our oldest men tell me that most of the vessels taken by Burns were carried to other ports, which accounts for so little being said about him here. I enclosed a circular letter from Burns to the people of Carteret in defense of himself in reply to certain charges made by Mr E.W. PIGOTT. You will doubtless enjoy reading it. Please re-turn it when convenient. Burns died on Portsmouth and his remains were brought here and buried in the old cemetery. No one seems to know the year he died. Capt. D.W. MORSE says the SNAPDRAGON was built on the Straits. C. PIGOTT thinks she was built in Washington.

Capt. THOMAS says Burns’s first wife was a Miss GRANT of Onslow. His second wife was a sister of old man RICHARD HALL, Mr. HUBBARDS friend.

The blank application, I have for letters of Marqiie & Reprisal, was written by HENRY M. COOK, Collector and is addressed to the Honorable JAMES MOURE SECTERARY OF STATE of the United States and is dated July lst 1813 and gives the following information concerning the schooner SNAP DRAGON, viz.; CAPT. OTWAY BURNS, lst Lieut. JAMES BROWN, burthen 147 tons. number of crew 75 men. No account of Arms; 5 carriage guns, 50 muskets, 4 blunder busses. 2 swivel, 6 swards and 25 pistols.

Burns captured the Brig. Peter of London in 1815. She was sold here by the U.S. Marshall and brought $12,100-00. Mr. C.S. BELL informs me that one of the crew of the SNAP DRAGON, NAT OWENS told him that in one fight at close quarters, Burns loaded his guns with sail needles which soon brought the Englishmen to turns.

STATE OF NORTH CAROLINA

CARTERET COUNTY

In. obedience to a Committee as directed from the Court of Pleas and Quarter Session for the County of Craven in the State of North Carolina.

We WILLIAM JONES & BELCHARD FULLER two of the Justices of the Court of Pleas and Quarter Session for the County of Carteret have caused to come before us at the court house in Beaufort in the County of Carteret and state of No. Carolina on the 13th day of January in the year of our Lord One Thousand Eight Hundred and Fourteen - CAPTAIN OTWAY BURNS, who being duly sworn upon the Holy Evangelist of Almighty God touching and conveying what he knows in a certain cause now depending in the Court of Pleas and Quarters Session to be held for the County of Craven in the state of N. Carolina on the second Monday of March next at the court house in New Bern whereof THOMAS McLTN is Plaintiff and EDWARD PASTEUR, CHARLES LAUNDERS, and JOHN TIMPLETON are defendants - This Deponent sayeth; That HUGH MICFF'S? sailed with said BURNS sometimes in May 1813 on a cruse on board the SNAP DRAGON, That on or about the 15th of June he was put on board a ? on the banks of Newfoundland and was ordered for some port in the United States, perhaps Beaufort. That to the best of his recollection his instructions were the same as given-, JAMES RUSH. That he has not since heard of him and as he him-self experienced a heavy gale of wind some short afterwards, he is apprehensive that he is lost and further the deponent sayeth not.

OTWAY BURNS

As whereas hereunto we set our hands and seals, this 18th day of January 1814.

UNITED STATES OF AMERICA

To the Honorable HENRY POTTER, Esquire, Judge of the district court of the United States for the district of Pamtico in the district of North Carolina.

The libel of George L. Hart and Otway Burns in behalf of themselves and all others entitled.

Your Libellants respectfully show that on Thursday, the twenty sixth of May last, the sloop LEOPARD of Bridgeport, Conn. owned and commanded by GEORGE L. HART and navigated by four men FRASIAR the mate MORRELL an able seaman RAMAN a free black man and ordinary sailor and a free black man and cook, was prosecuting a voyage from New York to Wilmington, NC and then sailing, the wind blowing fresh from North East, under a single mast mainsail, that off Cape Lookout and about twenty five miles from the Cape the Crew of the said sloop, about one O’clock in the afternoon discovered a vessel in distress, that seemed to be aground on the shoal of the Cape, and thinking it probable that there were human beings on board who needed assistance, the captain of the sloop ordered her course to be altered, and she was put in for the shoals accordingly. That when the sloop carefully sounded in every direction, had reached within one hundred and fifty or two hundred yards of said vessel, the CAPTAIN and one MORRELL got into the sloops boat and with great, labor and trouble, after rowing an hour and a half, reached and boarded the said vessel, the mate and two other men of the sloop in the meantime keeping her as near as they could with safety. These Libellants state that the vessel proved to be the Brig CARGO of New York commanded by a CAPTAIN ELKSEN entirely abandoned by all- her passengers and crew grounded on the outer shoal of LookOut and thumping with violence, that the said HART and MORRELL took from her two compasses, two quadrants, some light tools and charts and by that time the sun being nearly down the said HART and MORRELL returned to the sloop which the Captain ordered to be kept off and on during the night with the view of rendering the next day what assistance could be rendered for saving the Brig and cargo, or either of them. Your Libellants further show that on the same day OTWAY BURNS discovered from the top of the Light House at Cape lookout a vessel in distress at or near the outermost of Cape Lookout Shoal and being apprehensive that there might be persons on board who needed help exerted himself to procure a boat or vessel of sufficient size to leave the land in the course of that day, your Libellants further show that early on in the morning of the, twenty seventh the said OTWAY BURNS with WILLIAM FULFORD and JAMES FTJLFORD, two Negro men his property and. a boat also his property started off to sea in pursuit of said vessel. which though riot visible from the shore, was discovered from the top of the Light House. Your Libellants show that in the night the tide bad risen, the Brig had been raised from the

shoat and had drifted out to sea, rolling in a terrible manner and in a fair way of being carried off to some other shoal or of being utterly lost. Your Libellants show that on the morning of the twenty seventh of May, Captain Hart and his crew had approached the said Brig and were preparing to make efforts to save her when your Libellant OTWAY BURNS and his associates also arrived and all parties cordially concerned in the necessary executions to save the Brig and Cargo. Your Libellants state that the Brig was of the burthen of about two hundred and fifty tons, her mainmast and rudder gone, the foremast standing, her sails loose, and boats gone, she was completely water logged. The sea entirely over her forecastle and deck and. only the after parts of the quarter deck out of water. That the wreck was in seventeen fathoms water in a slue of Look Out shoals, out of sight of land, and within about two miles of the Gulf Stream, and there could be no doubt that she had struck upon the shoals, had lodged, the mainmast had been cut or carried away and she had been deserted by all on board, her railing and bulwarks on both sides had been sawed off probably for the purpose of launching the boats after the loss of the mainmast, which prevented the fixing of tackle for hoisting them out. Your Lebellants state that the said GEORGE L. HART with his sloop and crew and the said OTWAY BURNS with his boat and crew jointly used all possible efforts which their experience as seamen and their means enabled them and with great trial hazard and inconvenience, notwithstanding the wreck was full of water, the sea breaking over her, succeeded in bringing her, not into Old Topsail Inlet as they wished, but about four or five miles to the westward of the inlet in ten fathoms water and about eight miles from the land where the sea was smooth and there they anchored. during the residue of the day and night, -and before night continued to save from the said Brig and to put on board the LEOPARD about one hundred barrels of pork, twenty five bales of cotton and the Brigs running rigging. Your Libellants further show that on arriving at the place herein before mentioned and making a signal for assistance some persons came from the shore in flats and aided them and on the succeeding day several others all of whom are hereafter named,

Your libellants show that on the next day they earnestly endeavored to bring the Brig into the harbor of Beaufort, but in this they failed in spite of their best exertions, the wind being unfavorable, the tide at the wreck on a shoal on the west side of the bar, and it became apparent that the brig could not by any possibility be brought into port. Your Libellants show that accordingly all. Their efforts were thenceforth directed to the saving of the residue of the cargo and on Monday the 30th of May they cut into the side of the wreck an opening large enough to take it-out, consisting of cotton in large wet bales, pork in barrels, and tobacco in

heavy wet and uneven hogsheads, and with the boats with which they were provided and rafts made upon them continued to save the residue of said cargo and then abandoned the said wreck.

Your Libellants say that in their efforts to save the cargo they were assisted by a boat commanded by RALPH HOWELL, one by THOMAS MURRAY, one by ZACARIAH PIGOTT, one by JAMES HART, one by WILLIAM R. BELL, one by NATHAN FULER, and one owned by OTWAY BURNS, each having eight persons on board, and two smaller boats commanded by ISAIAH LEVERN, each with four hands; all of whom claims to be entitled to salvage. Your Libellants show that port of Beaufort of the whole cargo, there have been saved as they believe three hundred and fifty barrels of pork, one hundred and ninety seven bales of cotton, forty five or fifty entire hogsheads of tobacco and ten or eleven hogsheads of tobacco broken or loose and also some rigging and furniture as above mentioned, some cabin furniture, two anchors and cables, and some ships irons. That of the pork about sixty barrens are in the sloop LEOPARD, the residue in the cellar of OTWAY BURNS in Beaufort, and the tobacco and cotton lie on the beach with such watchmen procured.

Your Libellants further show that from the circumstances under which the crew of the Brig ARGO left her aground on the most dangerous shoal in the Atlantic Ocean, in the verge of the Gulf Stream, her rudder and mainmast gone, her bottom bilge, the hole filled with water, the deck under water and every wave breaking and beating over her, they must have abandoned every hope of regaining her or any part of her cargo, and your Libellants charge that the said cargo has been saved by them, aided as herein before stated, with great labor and difficulty and with imminent danger of their property and their lives.

Your Libellants do further show unto your honor that a considerable part of the cargo there saved (the cotton and tobacco is damaged and perishable), that it is exposed upon the shore to depredation and injury from the weather and that the interest of all concerned requires an immediate sale thereof. Wherefore these Libellants in behalf of themselves and all others entitled pray the aid and advice of this honorable court in the premises with customary process thereon; that the cargo and other articles so saved may be sold by a decree of this honorable court, that monition may issue to all persons concerned to show cause why these libellants and all others entitled should not have a reasonable salvage decreed to them thereat (after deducting and defraying all charges and expenses) and that such further and other steps shall be taken as the course of this honorable court shall require.

GEORGE L. HART maketh oath that the facts herein stated in relation to the perishable and dangerous state of the cargo are true and that he verily believes that the interest of all persons concerned in said cargo would be promoted by an early sale,

Sworn to before me

UNITED STATES OF AMERICA United States District Court NORTH CAROLINA DISTRICT for the District of Pamtico

I hereby certify the foregoing to be a true copy of the original Libel now on file in this Office given under my hand and Seal of Office at New Bern, this 30th day of June A.D. 1825.

**NOTE THAT IT WAS THIRTY DAYS LATER THAT IT CAME TO COURT.

***This is followed by another seven-page statement of the same information filed by OTWAY BURNS, WILLIAM FULFORD, and JAMES FULFORD.

THE COURT RULING IS NOT INCLUDED IN THIS FILE.

WILLIAM SHEPARD, ESQ.

SIR;

I seized an occasion of giving you notice, NOT TO DELIVER TO CAPT. BURNS either goods or money on account of his shares in the Ships Company for the following reasons.

1st. Because the charge of embezzling PRIZE-GOODS while the SNAP DRAGON lay before Beaufort and appropriating them to his own use, will be brought against him, before a COURT-MARSHALNAVAL, as soon as five competent officers of the U.S. can be convened for the purpose.

2^nd. Because the same charge will be pressed against him for similar conduct while the SNAP DRAGON lay at the STRAITS. And I give you my assurance of ___?___ the first charge, by one undisputed witness and the 2^nd by three. It is impossible for me to state the probable amount of the goods embezzled, but you may form some idea of it when I tell you that to the best of my recollection three were bro’t into BEAUFORT 65 un invoiced bales, whereas your advertisements, only 58. I had the marks of numbers of three bales, but have lost them. The marks, numbers, kind and quality of some of these, however will be made known by witness. I also desire you to pay no attention to the amount said to have been received on Prize Tickets because as soon as we got into BEAUFORT, I was deprived of the Ships Books, and another person _______ my office. Altho I was ready to do any writing required, and even repeatedly, but in vain requested permission to finish them, the books as they are now stand are unfinished and therefore, the tickets found on them, unworthy of reliance.

I give you notice also, not to pay any thing in either goods or money to JOHN BROWN, first Lieut. of the SNAP DRAGON. Because I stand prepared to charge him with having violated one of the articles of the US Navy, in holding improper intercourse with one of the prisoners, and owner to a large amount of the captured property of _____, suffering and encouraging certain means of affecting the re capture of the last prize. This I will make appear before a competent witness.

I give you also the same notice with respect to JAMES REESE, Prize Master, because by plundering the prize with which he was entrusted, he has forfeited his claim to any share of prize money, and not withstanding CAPT. BURNS has given him his tickets, contrary, not only to the wishes of all his officers, but even to his own indiscretion shall have his trial as soon as a ______ competent to try him can be summoned.

You will also beware of paying the whole amount of the tickets held by GEORGE CLARK, JOHN JAMES, or WILLIAM JOHNSON, or their representatives, as they shipped for able seamen and are only ordinary, entitled to only ordinary seaman’s shares.

Against JAMES KAIN, a charge of neglect of duty as well as incapacity will be brought and sustained.

The articles will also tell you, that WILLIAM LOCKART, an apprentice boy of CAPT BURNS is entitles to only ¾ of one share, whereas sometime after we had been at sea, CAPT. BURNS, opposite the boy’s name wrote "Cabin Stewart" 1 ½ shares, whereas no such office is known to the articles.

There are no doubt others who deserve less than their tickets will show, but as I have also been deprived a right of the articles, as well as the Ship’s Books, I can not name them. I have delayed this communication till the present, because I wished the villains to have addressed it to you alone, because I conceived that even yet silence was best.

Anything more you wish to know, I am ready to communicate.

I am

THOMAS SKEDMORE

THURSDAY 7^th OCT. 1813