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The Trial of Chesapeake Charlie!

Cast of Characters

Charles Clark, also known as Chesapeake Charlie
Judge Pickering, colonial judge from the Colony of Maryland
Charles Carroll, lawyer for the defendant, Charles Clark
William Tory, lawyer for the plaintiff, Anthony Stewart
Anthony Stewart, head of the powerful Stewart merchant family of Annapolis
Clerk of the Court
Courtroom Spectators, women and men of Annapolis
Jury, men of Annapolis

Historical Context: The Congress of the United Colonies has just declared war on Great Britain. There have been skirmishes on both land and sea. Citizens that support Great Britain have complained that Colonial merchant ship captains have been committing acts of piracy against the British Navy and against other merchant ship owners who support the British. Colonists that favor independence from Great Britain have argued that these so-called acts of piracy are actually acts of patriotism being carried out by privateers.

Setting: a courtroom in Annapolis, Maryland, in 1776. Barrels of salt pork, yards of sail cloth, horns of gunpowder and an anchor with the name of Anthony Stewart engraved on it have been discovered on board Clark's Legacy, Charles Clark's sleek schooner, while at dock south of Annapolis in Beard's Creek.

(The courtroom is filled with citizens of Annapolis. Before the trial begins, these citizens are debating among themselves whether Chesapeake Charlie is a pirate or a privateer. Some of the conversations are quite animated, and it becomes clear that there are diehard patriots and diehard loyalists in the courtroom.)


Judge Pickering: Order, order in this courtroom. Charles Clark of Annapolis, you have been accused of stealing food and supplies from a ship owned by the venerable Stewart Family of Annapolis while this ship was sailing up the South River. What do you have to say in your defense?

Charles Carroll, lawyer for Charles Clark: My client is not guilty, your honor.

William Tory, the Stewart family's lawyer: Balderdash, your honor! The goods discovered by the Annapolis Militia are clearly marked with the name of my client, Anthony Stewart. Clark is a common pirate, as was his uncle Richard Clark, also of that nest of pirates known as Beard's Creek!

Mr. Stewart: He's a pirate, a common thieving pirate!

Judge Pickering: Hold your tongues, Mr. Tory and Mr. Stewart! Your turn to speak will come soon enough. Continue please, Mr. Carroll.

Charles Carroll: As you are well aware, your honor and esteemed members of the jury, we are at war with England. Charles Clark, also known as Chesapeake Charlie, is in possession of a Letter of Marque and Reprisal granted to him by John Hancock, President of these United Colonies. The Stewart Family is composed of loyalists true blue to our declared enemy, King George III. Acting as a privateer, Chesapeake Charlie had every right to apprehend the Stewart vessel and take possession of the items he thought would be useful to himself. We are no longer experiencing a time of peace, this is war! I present to you exhibit A, Chesapeake Charlie's Letter of Marque and Reprisal.

Judge Pickering: Clerk, hold this letter as evidence and enter its existence into the records of this trial.

Clerk of the Court: Yes, your honor.

(Clerk of the Court takes the Letter of Marque from Mr. Carroll. The clerk returns to his desk and begins to write.)

Judge Pickering: Thank you for your report, Mr. Carroll. You may return to your seat. Mr. Tory, what say you in regard to this testimony?

(As Mr. Tory takes his place in front of the Judge, Chesapeake Charlie can be heard grumbling to his lawyer, Mr. Carroll.)

Chesapeake Charlie: I say, Charles, what chance have we in this imperial court of law? Even though Judge Pickering was appointed to the bench by our new Congress, you and I both know that he has had positive dealings with those Loyalists, those Stewarts, in the past. I'll be declared a pirate and hung by my tender neck with this Stewart family crony occupying the seat of justice! My Uncle Richard may have been a pirate, but I am an honest privateer!

Charles Carroll: Now, now Charlie. Stop worrying and let's see what happens. You may not have heard about the irritation expressed by Judge Pickering when Anthony Stewart dared to bring his ship the Peggy Stewart to our Maryland shores laden down with English tea! Judge Pickering was overheard calling Stewart a fool for paying the abominable tax to the British. You have been too long at sea and you have missed much of the local news.

(Judge Pickering gives Chesapeake Charlie and Charles Carroll a withering look.)

Judge Pickering: Will the defendant and his attorney please refrain from talking? The plaintiff deserves equal time. This is an American court, not a British court, and both sides will get equal time to explain their position.

Chesapeake Charlie: I told you, Charles. My neck is starting to ache!

Judge Pickering: Mr. Tory and Mr. Stewart, would you please tell the court your version of this story?

Mr. Tory: Of course, your honor. While sailing home to Annapolis on the South River, the merchant ship Stewart's Merchant Prince was accosted by the dread pirate Chesapeake Charlie. Chesapeake Charlie, also known as Charles Clark, absconded with 4 barrels of salt pork, 50 yards of high quality sail cloth, 7 horns of gunpowder, and an anchor bearing the name of Anthony Stewart.

Chesapeake Charlie: Fine sailcloth indeed! That canvas had more holes than a maggoty piece of ships' biscuit! I have been using it to kindle my fires because it couldn't catch the wind on a blustery day!

Judge Pickering: That's enough out of you, Captain Clark! Continue, Mr. Tory.

Mr. Tory: To add insult to injury, several of Chesapeake Charlie's crew stayed on board Stewart's Merchant Prince and sailed her to Baltimore!

(Chesapeake Charlie leaps out of his chair.)

Chesapeake Charlie: That should prove that I am not a pirate! If I were a true pirate I would have burned that cranky old tub of a ship and destroyed the evidence of my attack. But no, I am proud of what I have done to serve the cause of independence. Everyone knows that the Stewarts have been supplying money to the coffers of the British government!

Judge Pickering: Another word out of you, sir, and I will be forced to fine you for contempt! What say you in response to this report, Mr. Carroll?

(Chesapeake Charlie reluctantly takes his seat.)

Mr. Carroll: Sir, it is true that Mr. Clark did attack Stewart's Merchant Prince, did take possession of the items he needed to continue his work as an agent of our new government, and it is true that he sent his prize crew to Baltimore to deliver Stewart's Merchant Prince into the hands of the Maryland Committee of Safety. I ask you sir, and gentlemen of the jury, indeed all citizens of Annapolis gathered here today, would a pirate do these things?

Judge Pickering: Gentlemen of the jury, you have heard the testimony of both the plaintiff and the defendant. The fate, rather the neck, of Chesapeake Charlie is in your hands. How do you find the defendant?


AT THIS POINT teachers should ask the students to express their opinions about Chesapeake Charlie. Is he a pirate or a privateer? Conduct a vote and let the students decide. Be sure to insist that the students back up their decision with facts that they have learned in the Privateers: Pirates or Patriots? lesson.

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