James Hogg alleges Breach of Contract against James Inglis
James Hogg's brother settled in Wilmington, N.C. many years ago and at his solicitation James determined to go settle there. When this was learned in Caithness, many people applied to Hogg to freight a vessel to carry them all to Carolina. Accordingly, on 24, Aug., 1773, Hogg contracted with Inglis to freight the Batchelor of Leith, Ramage Alexander, Master, to carry James Hogg of Borland in Caithness, his family and servants, and 200 emigrants from Thurso to Wilmington, N. C. Hogg agreed to pay for himself, wife, Mrs. Alves (his mother-in-law) a specified rate, another for his children, a third for his servants (the latter being restricted to six in number), a fourth for emigrants above the age of eight, and a fifth for emigrants under the age of eight (excepting children at the breast for whom there was no fare).
The vessel was to be ready to depart Leith in July and was to proceed from Leith to Thurso Bay or Scrabster Road to load the passengers. Hogg arrived in Leith on June 15th and hung on until August 26. The vessel then went to Thurso and was boarded by Hogg and his family and servants, and 204 emigrants (many from the County of Sutherland). She sailed from Thurso on Sept. 14, but they were soon forced to harbor from contrary winds at Stromness in Orkney, where she lay the passengers ashore, for eight days. On October 3, two days after leaving Stromness, they were obliged to put into Vaila Sound in Shetland where the passengers were again put ashore. Here the Batchelor was damaged by the storm from which they were sheltering. Hogg, his family, and the 204 emigrants wintered at Vaila Sound. The following Spring, April 20, 1774, they departed for Leith in order for the ship to have the necessary repairs made. At Leith Inglis declared the contract at an end and declared he was entitled to the fares upon landing them at Leith as he would have been had he landed them at Wilmington. The vessel lay without repairs, and on 28 May, Hogg entered a protest against Inglis. Many of the children of the emigrants, Hogg claims, died during their winter of hardships in Shetland. Now, he says, the emigrants have been turned ashore in Leith, 200 miles from home, and many of them have no means of returning home or of procuring another vessel to carry them to America.
James Inglis alleging damage by stress of weather prevented him from continuing on a voyage with emigrants, and suggesting that the commencement of this action by Hogg has terminated their contract. He also states that he has no concern whatever with the emigrants nor were they parties contractors to him; that his contract with Hogg was for freight of a certain number of emigrants who were to board his vessel as passengers to America, but that he had no concern with how they were to be employed, where taken in America, and so forth; that to him the passengers stood in the same relationship as goods or common freight. Inglis alleges that the real dispute is between Hogg and the emigrants. Hogg and his family took another vessel sailing from Port of Greenock, but the other poor emigrants dispersed, some to seek their way home, and others to endevour to gain their bread in the low country, and some of them attempted to procure their passage from Greenock ..." Some emigrants died during the voyage before their arrival in Shetland and others died after the vessel was stranded.[32 pages] Alleges that he had advised Hogg from the beginning that the vessel Batchelor, then on a voyage to Memel (modern Klaipeda in Lithuania), could not be early ready for the voyage to N.C. Says that the date the vessel sailed was in fact a good season to set out for North Carolina. Denies that public spirit motivated Hogg to arrange for emigration of upward of 200 Scots, and suggests that Hogg's brother had purchased 12,000 acres of land and wanted settlers for it. Says Hogg has been discussing "these questions himself in newspapers and periodical publications." Alleges that 2/3 of the emigrants stayed aboard the vessel at Stromness and were provisioned by the master of the Batchelor. Says that the emigrants advanced against Hogg and Captain Ramage in the Vice-Admiralty Court of Shetland, and quotes from Hogg's defense there in which Hogg refers back to a 1772 emigration from Sutherland that lay two weeks at Stromness without being provisioned from the ship's stores. Says ships with emigrants lay in only 9 or 10 weeks provisions, and says that several of the passengers aboard the Batchelor saw at Stromness from Capt. Ritchie and Capt. Smith's ships that that was the case. States that deaths of passengers came from small-pox and not neglect. Says he instructed Captain Ramage on 1 January 1774 to return the emigrants to their home, but that they refused "to a man" to disembark at Thurso; that he tried to assist the emigrants at Leith, "but cannot help mentioning that they are in general so indolent they do not care to work if they can get a subsistence by other means". Contends that Hogg, by taking ship for America from Greenock, has abandoned prosecution of the action.
On 24 June, 1774 The Admiralty Court ruled that James Inglis was liable to refund 684/10 pounds with interest to James Hogg if he was unable to complete the voyage to Wilmington.
Scottish Records Office - Edinburgh - West Register House AC.9/2969. ADMIRALTY COURT. Processes in Foro. James Hogg against James Inglis, 1774 / Microfilm Z.5.281 - NC Archives
James Hogg Executor of Robert Hogg
Cumberland County N.C. Know all men by these presents that we, William Hooper, James Hogg & James Burges, executors of the last will of Robert Hogg are held and firmly obliged to Mr. Colin Shaw & Mr. Frances McKay of the county aforesaid, in the sum of one hundred and twenty pounds ... to be paid to the said Colin Shaw or Mr. Frances McKay or their certain attorney to which every payment will faithfully be made. We oblige ourselves, our heirs and executors and administrators firmly by these presents sealed with our seals and sealed at Colin Shaw's house on the fifth day of April in the year of our Lord one thousand seven hundred and eighty three, and in the seventh year of American Independence. The condition of this obligation is such that if the above bounden William Hooper, James Hogg & James Burgess, executors for Robert Hogg, for his and their parts and behalfs do in all things well and truly end and determination of Ferquhard Campbell and Thomas Armstrong, arbitrators indifferently named and chosen, as well as on the part and behalf of the above bounden Wm. Hooper, James Hogg and James Burges, as of the above named Colin Shaw and Frances McKay to, award, judge arbitrate and determine of and concerning all matters and things, damages and demands what-so-ever. Respecting an assignment of a lumber note or agreement due and owing by the said Colin Schaw and Jacob Franks (since deceased) is John Campbell of Cross Creek dated 5th February 1782 & assigned for balance then due, by Campbell to George Mylne & Company 1st October 1769 for part of the debt that Campbell owes to the said George Mylne & Company. So as the said award be given up in writing under our hands and seals ready to be delivered to the said parties on or before one Jan. 1785 then this obligation to be void or else to remain in full force or virtue. James Burges, Executor for himself and the other executors. Signed & delivered in the presence of Archibald Simson & Colin Campbell.
The Shaw Papers - Private Collections 20.0 NCArchives / Scattered Seed pgs. 259-260
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