Captain Zachariah Foote, an early settler of Yarmouth Township, emigrated to Yarmouth from Beverly, Mass., in 1769 [1, p. 160]. When the American Revolutionary War began Foote became embroiled in the complex system of sheltering and transporting American prisoners of war to Massachusetts while also trading in Massachusetts for necessities that were unobtainable in Nova Scotia. The references to Capt. Foote in Poole’s Annals [2] suggest, as do the following examples, that he became known for his selfless and humane treatment of prisoners during the war.

Massachusetts Naval Ensign (April 1776):

white field charged with a green pine tree and

the motto “An Appeal to Heaven”

The Milford Affair

This affair began in the Gulf of Maine but ended at Yarmouth. In March 1777 the 28-gun British frigate Milford, Capt. John Burr, engaged three American brigantines of war: the Massachusetts, Capt. John Fisk, and the 14-gun Tyrannicide, Capt. Jonathan Harriden, of the Massachusetts State Navy; and the 14-gun Cabot, Capt. Joseph Olney, of the Continental Navy. Nathaniel Webb, a prize master on the Tyrannicide, afterward testified that because of worsening weather:

1. 1. “We saw nothing more of the Cabot or the frigate ‘till about one o’Clock the 25th P.M.; then the frigate bore about N.E. the Cabot bore about E.N.E., being a hard gale, squally & a high sea running. the Cabot and the frigate standing to the Eastward, the frigate about 4 miles distant & the Cabot about 7 miles and ahead of the frigate about 4 miles; the frigate being in her wake. We then judged that if the Cabot had tacked, she would have fetched more than Gun shot to the windward of the frigate and have joined us, but she set all her sails and bore away before the wind. The frigate then bore away after her; and at 4 or 5 o’Clock we lost sight of her; ye frigate being in chase. The weather at this time was so rough and so high a sea going, that in our opinion we could not have come up with the frigate if we had bore away and attempted it––nor if we had come up with her could we have fought our guns and must have been taken.
      

2. “Nath. Webb
   

“Salem, August 4, 1777” [2, p. 18]

First Navy Jack (1775) of the Continental Navy

Here is Poole’s summary of how the affair ended:

1. 1. “The Milford continued in chase after the Cabot, and the pursuit must have lasted several days and nights. In spite of every effort Capt. Olney was unable to elude the vigilance of the King’s officers. Realizing that escape was impossible, and not relishing the idea of being taken, Capt. Olney boldly stood in for the Nova Scotia shore, and beached his vessel near the mouth of the Chebogue river. The crew, numbering 140 officers and men, got safely ashore, ‘and all hands took to the woods.’ Upon their coming into the settlement at Chebogue, their wants were supplied by our people, and ... Capt. Richard Valpey [3] housed and fed thirty of them for a few days. Capt. Zacharias Foot ‘entertained’ the entire company at his house for two weeks, ... and through Capt. Foot’s exertions the Americans were enabled to procure a vessel, in which they returned to Massachusetts.” [2, p. 19]
      

2. The Cabot’s Lieutenant Knight acknowledged Capt. Valpey’s assistance enthusiastically:
   

1. “These may Certify all whom it may Consarn that the Subscriber was Lieutenant of the Brigg Cabott at the time she was Chased on shore at Cheborge [i.e., Chebogue] in Nova Scotia by the milford frigate and that after the officers and Seamen made there Escape from the wreck Capt. Olney, my Self and near thirty of the Cabot’s Crew was lodged and Curtisly Entertained by Capn Richd Valpey at his house in Yarmouth Nova Scotia for three days and three knights and this entirely at the Expense of Said Valpey whose friendly disposition to my Self and others belonging to the United States demands my most grateful Acknowledgements and I do hereby recommend him as a person whose gineral Conduct merits the feavor of all the good people of these States.
   

3. “Benj. Knight, Leftent,
   

“Salem, 30 June, 1777.” [2, p. 14]

Nor did Capt. Olney forget Capt. Foote’s generosity to the Cabot’s crew. In 1779 when Capt. Foote and his young nephew, Capt. Valpey’s son, were taken on their way to the West Indies and brought into Salem, Joseph Henderson, Commissary of Prisoners, petitioned to the Honorable Council of Massachusetts that:

1. 1. “Captn Joseph Olney, Commr of the Continl [Continental] Frigate is Desirous to Appear in behalf of [Capt. Foote]. when he Commanded the Brig Cabot, a Continental Vessel he was Chased by a Brittish Friggate & all hands took to the Woods. this Man took them into his House, 140 in number, Supported them fourteen Days without Fee or Reward & helpt them with a Vessel to Come off. If your Honours should see Cause to permit Capt. Foot to go home in a small Vessel which is going from Salem, upon parole to return a man of Equal Rank––Capt. Olney Desires that he may have Liberty of making him a Present of a Barrel of Flour & some other finall [small?] Matters in part Compensation for the Extraordinary Civilities received.
      

   2. “All which is Humbly Submitted as in Duty Bound,
      

2. “Jos. Henderson.” [2, pp. 56–57]
   

On 22 June 1779 the Honourable Council approved the departure of Capt. Foote, his young nephew, and Jona Baker of Barrington, from Massachusetts to “Cape Persew [Forchu] in Nova Scotia,” along with Capt. Olney’s presents of “a Barrel of Flour & other articles.” [2, p. 57]

A Gift of Potatoes

In March 1777 Capt. John Hall, Jr., proceeded in a small schooner from Annapolis to Halifax with a cargo of cider and potatoes. His father, John Hall of Granville, had instructed him to donate some potatoes to the American prisoners in the Halifax prison ships.

1. 1. “The American prisoners-of-war confined on board of the British guard-ships in the harbor at Halifax were crowded into such close and unsanitary quarters as to easily become prey to that dread scourge, small-pox. Capt. Hall, not wishing to risk contagion, did not carry his donation of provisions on board in person, but employed Capt. Zachariah Foot, of Yarmouth, who was then at Halifax, and who evidently was immune, to act in his stead.
      

2. “Halifax, May 10, 1777
   

1. “This may Certifie Whom it may Concern that the Subscriber then received of John Hall Junr Son to John Hall Esqr of Granville Thirty Bushels of purtatos whitch was his orders to his son to carry on board the Guardships with prisioners in this harbour & Delivered the Same to Capt. Sampson & Capt. Hatch the Same to be Distributed among the Same as witness my hand
   

3. “Zacharias Foot.
   

“I carried the same, as mr Halls

son had not the small pox.” [2, p. 94]

An Indulgence of Fish

1. 1. “To the Honble the Senate and Honble House of Representatives of the Commonwealth of Massachusetts, in General Court Assembled in Boston––
      

   2. “The Petition of Zachariah Foot for himself and in the behalf of Benjamin Barnard, Nathan Utley and Doctr Rice Humbly Shews:––
      

   3. “That the late Act of Congress prohibiting any Trade or intercourse with the people down there, bears very hard upon your petnr [petitioner], and if there is not some indulgences allowed many poor unhappy Prisoners that fall in there must certainly Suffer, if not Perish for want of the Necessaries of Life, as well as your petitioners.
      

   4. “That lately sundry Prisoners came there whom your petitioners have supported for some time out of their own Family Stocks, and it will be very discouraging if they are not permitted to purchase here at least as much as they Expend for the Support of American Prisoners.
      

   5. “That your Petr [petitioner] Foot, at the Earnest Sollicitation of some Prisoners there ventured to bring up Five of them in a Small Boat in her Ballest, upon no other business but to relieve them and to represent their case to this Honble Court. And as your petrs have rendered themselves very obnoxious to Government there, on account of their aiding Americans, it is very hard upon them.
      

   6. “That your petrs don’t Wish for Liberty to Trade with any British Manufactures, but only for leave, from time to time to bring up Prisiners as they fall in there, and also some fish, and therewith to purchase some Grain and other necessaries of Life to replace what has been or may be Expended for the Support of the American Prisoners, Otherwise it will be out of their Power to afford them any Relief.
      

   7. “Your petrs therefore humbly pray this Honble Court would be pleased to permit them to bring up Prisoners as they fall in there, and also some Fish, and also that they may be permitted to purchase here Corn and some other necessaries of Life. And yr petr Foot prays that he may now be allowed to purchase some Grain & other Necessaries of Life and to carry them down in his Boat. They also pray this Honble Court would be pleased to forbid American Privateers from going on shore and Robbing the Poor People there.
      

   8. “And in duty bound shall ever pray &c
      

2. “Zacharias Foot
   

1. “We the Subscribers, two of the Prisoners brought up by Capt. Foot, having read the foregoing petition, find it just and true. he Boarded us one whole month, and for want of Sufficiency of Provisions in his own house was so kind as to Board us out in another, and we must have suffered if he had not Supplied us, and if the Honble Court should see meet we should be glad to be Examined upon the affair, not only for the sake of Mr Foot, but for the Sake of our Brethren who may again fall in there.
   

3. “Sylvester Pendleton
   

“James Parker” [2, p. 112]

On May 18, 1781 it was “ordered that this petition be referred to his Excellency the Governor and Honble Council to take such measures thereon as may be most proper.” [2, p. 113]

1. 1. “Commonwealth of Massachusetts,
      

   2. “In Council, May 29, 1781
      

   3. “On the Petition of Zachariah Foot in behalf of himself and Benjamin Barnard & others, of Nova Scotia––
      

   4. “Advised that the prayer of this Petition be so far granted that Zachr. Foot be permitted to transport from this Commonwealth to Nova Scotia in a small boat, fifteen Bushels of Corn and grain, One Cask of Molasses, One Cask of Rum, One Bl. of Pork, one Cask of Sugar, one Bag of Coffee & one Small bag of Cotton.––And that the Naval Officer for the Port of Salem, is hereby directed to give the Necessary Papers for the Clearance of said articles. And all Commanders of Armed Vessels and others belonging to the United States are requested not to molest or impede the said small Boat with the said articles on Board.
      

   5. “And whereas it appears that the said Zachr Foot hath manifested a friendly Disposition to the United States in supporting and bringing a number of Prisoners (who have been unfortunately captured and carried into the Province of Nova Scotia) to this Commonwealth: Therefore it is further ordered that whenever it shall appear to the Gov. & Council that the said Zachr Foot hath had occasion to bring Prisoners from said Province that he be indulged to ship on Board his small Boat a Quantity of Fish & bring the same to this Commonwealth, and to bring no other Articles except so much Provision as will be necessary for his Voyage
      

2. “John Avery, D. Scy.” [2, p. 113]
   

A Testimonial

“Salem, May 10th, 1782

1. 1. “This may Certify that I, Peter Stevens, of Groton, was taken on board the Ship venus from Boston Commanded by Capt [George W.] Babcock, was carried into Halifax put on Board the prison ship, from which I made my Escape; was taken up and put on board the Attalanta sloop of war. I made my escape from her travelling towards Capersue [Cape Forchu]. About six or seven miles from Halifax met a man by the name of Albio who carried me aside, gave me Two Dollars and Directed me on my Rhode. told me that If I got to Capersue to enquire for one Capt. Foot who he knew would assist me. I got safe to Capersue by the help of many friends that I met on the Rhode. I went to Capt. Foots and staid at his house some time with several other prisoners. He came on purpose with his boat to fetch us home and refused pay for it, saying that he never made a practice of takeing anything from prisoners in Distress. this is the usage I met with and have reason to Beleive hundred others have received the same from Capt. Foot.
      

   2. “I can but Gratefully Acknowledge his favours and I sincerely wish that he may meet with Due incouragement and protection from this State.” [2, p. 125]
      

2. After the War
   

On or about 1 January 1784 Capt. Zachariah Foote, master and owner, sailed on the sloop Zachariah Foote from Yarmouth for Salem, and neither vessel nor crew were afterward heard from [4, p. 106]. His name is on Yarmouth’s Lost to the Sea Memorial, at Water and Glebe Streets:

(Two more essays based on Poole’s Annals [2] will soon appear.)

References and Notes

    [1] George S. Brown, Yarmouth, Nova Scotia: A Sequel to Campbell’s History. Rand Avery Company, Printers, Boston, 1888. 524 pp.

    [2] Edmund Duval Poole, Annals of Yarmouth and Barrington (Nova Scotia) in the Revolutionary War: Compiled from original manuscripts, etc., contained in the Office of the Secretary of the Commonwealth, State House, Boston, Mass. J. Murray Lawson, reprinted from the Yarmouth Herald, Yarmouth, N.S., 1899. xvi+133 pp. Poole’s Annals originally appeared in the Yarmouth Herald from (Vol. LXVI, 31 Jan. 1899, No. 26, p. 1, col. 4–7) to (Vol. LXVII, 24 Oct. 1899, No. 12, p. 1, col. 7–8).

    [3] Richard Valpey was mentioned at the end of the previous essay in a Massachusetts Bay Council Chamber order dated Oct. 4, 1776.

    [4] J. Murray Lawson, Record of the Shipping of Yarmouth, N.S. Containing a List of Vessels Owned in the County of Yarmouth Since its Settlement in 1761, Chronologically Arranged. Yarmouth, Nova Scotia, 1876. 258 pp. Available online.

    [5] The image at the top (available here) is the only one I could find of either the Milford or the Cabot. It shows HMS Milford (right), Capt. John Burr, in battle on 6 June 1776 with the 14-gun USS Yankee Hero, Capt. James Tracy, a brig-rigged sloop-privateer from Newburyport, Mass. The original painting is by Nowland Van Powell. The Yankee Hero actually flew the Massachu-setts Naval Ensign (described above), not the Grand Union flag seen here and in the painting.

    [6] I thank archivist Lisette Gaudet for providing access to the materials concerning Edmund Duval Poole in the Yarmouth County Museum and Archives.