It further appears to your Committee that orders have been issued in his majesty's name, to the commanders of his ships of war, "to proceed as in the case of actual rebellion against such of the sea port towns and places being accessible to the king's ships, in which any troops shall be raised or military works erected," under colour of which said orders, the commanders of his majesty's said ships of war, have already burned and destroyed the flourishing and populous town of Falmouth, and have fired upon and much injured several other towns within the United Colonies, and dispersed at a late season of the year, hundreds of helpless women and children, with a savage hope that those may perish under the approaching rigours of the season, who may chance to escape destruction from fire and sword, a mode of warfare long exploded amongst civilized nations. It also appears to your Committee, that the good people of these colonies, sensibly affected by the destruction of their property, and other unprovoked injuries, have at last determined to prevent as much as possible a repetition thereof, and to procure some reparation for the same, by fitting out armed vessels and ships of force. In the execution of which commendable designs, it is possible that those who have not been instrumental in the unwarrantable violences abovementioned may suffer, unless some laws be made to regulate, and tribunals erected competent to determine the propriety of captures: Thereupon your Committee came to the following resolutions: 1. That all such ships of war, frigates, sloops, cutters, and armed vessels as are or shall be employed in the present cruel and unjust war against the United Colonies, and shall fall into the hands of, or be taken by the inhabitants thereof, be seized and forfeited to, and for the purposes hereinafter mentioned.

2. That all transport vessels in the same service, having on board any troops, arms, ammunition, cloathing, provisions, or military or naval stores, of what kind soever, and all vessels to whomsoever belonging, that shall be employed in carrying provisions or other necessaries to the British army or armies, or navy, that now are or shall hereafter be within any of the United Colonies, shall be liable to seizure, but that the said cargoes only be liable to forfeiture and confiscation, unless the said vessels so employed belong to an inhabitant or inhabitants of these United Colonies; in which case the said vessel or vessels, together with her or their cargo, shall be liable to confiscation.1

1 On December 19, 1775 (see Journals of the Continental Congress, vol. I, p. 437), this paragraph was replaced by the following:

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Resolved, That all transport vessels in the same service, having on board any troops, arms, ammunition, cloathing, provisions, or military or naval stores of what kind soever, and all vessels to whomsoever belonging, that shall be employed in carrying provisions or other necessaries to the British Army or armies, or navy, that now are or shall hereafter be within any of the United Colonies, or any goods, wares, or merchandizes, for the use of such fleet and army, shall be liable to seizure, and, with their cargoes, shall be confiscated."

3. That no master or commander of any vessel shall be intitled to cruize for, or make prize of any vessel or cargo before he shall have obtained a commission from the Congress, or from such person or persons as shall be for that purpose appointed in some one of the United Colonies.

4. That it be and is hereby recommended to the several legislatures in the United Colonies, as soon as possible, to erect courts of Justice, or give jurisdiction to the courts now in being for the purpose of determining concerning the captures to be made as aforesaid, and to provide that all trials in such case be had by a jury under such qualifications, as to the respective legislatures shall seem expedient. 5. That all prosecutions shall be commenced in the court of that colony in which the captures shall be made, but if no such court be at that time erected in the said colony, or if the capture be made on open sea, then the prosecution shall be in the court of such colony as the captor may find most convenient, provided that nothing contained in this resolution shall be construed so as to enable the captor to remove his prize from any colony competent to determine concerning the seizure, after he shall have carried the vessel so seized within any harbour of the same.

6. That in all cases an appeal shall be allowed to the Congress, or such person or persons as they shall appoint for the trial of appeals, provided the appeal be demanded within five days after definitive sentence, and such appeal be lodged with the secretary of Congress within forty days afterwards, and provided the party appealing shall give security to prosecute the said appeal to effect, and in case of the death of the secretary during the recess of Congress, then the said appeal to be lodged in Congress within 20 days after the meeting thereof.

7. That when any vessel or vessels shall be fitted out at the expence of any private person or persons, then the captures made shall be to the use of the owner or owners of the said vessel or vessels; that where the vessels employed in the capture shall be fitted out at the expence of any of the United Colonies, then one-third of the prize taken shall be to the use of the captors, and the remaining two-thirds to the use of the said colony, and where the vessels so employed shall be fitted out at the continental charge, then one-third shall go to the captors, and the remaining two-thirds to the use of the United Colonies; provided, nevertheless, that if the capture be a vessel of war, then the captors shall be intitled to one-half of the value, and the remainder shall go to the colony or continent as the case may be, the necessary charges of condemnation of all prizes, being deducted before any distribution made.

8. That the captures heretofore made by vessels fitted out at the continental charge were justifiable, and that the distribution of the

captor's share of the prizes by General Washington, be confirmed, which is as follows:

That the share allowed to the captors be divided among the officers and men in the following proportions, viz:

Resolutions of the Continental Congress Regarding Captured Vessels and Cargoes, March 23, 17761

The Congress resumed the consideration of the declaration, which was agreed to as follows:

Whereas the petitions of the United Colonies to the King, for the redress of great and manifest grievances, have not only been rejected, but treated with scorn and contempt, and the opposition to designs evidently formed to reduce them to a state of servile subjection, and their necessary defence against hostile forces actually employed to subdue them, declared rebellion; And whereas an unjust war hath been commenced against them, which the commanders of the British fleets and armies have prosecuted, and still continue to prosecute, with their utmost vigour, and in a cruel manner; wasting, spoiling, and destroying the country, burning houses and defenceless towns, and exposing the helpless inhabitants to every misery, from the inclemency of the winter; and not only urging savages to invade the country, but instigating negroes to murder their masters; And whereas the parliament of Great Britain hath lately passed an Act, affirming these colonies to be in open rebellion, forbidding all trade and commerce with the inhabitants thereof, until they shall accept pardons, and submit to despotic rule, declaring their property, whereever found upon the water, liable to seizure and confiscation; and enacting, that what had been done there by virtue of the royal authority, were just and lawful acts, and shall be so deemed; from all which it is manifest, that the iniquitous scheme, concerted to deprive them of the liberty they have a right to by the laws of nature and the English constitution, will be pertinaciously pursued. It being therefore necessary to provide for their defence and security, and justifiable to make reprisals upon their enemies, and otherwise to annoy them, according to the laws and usages of Nations, the Congress, trusting that such of their friends in Great Britain (of whom it is confessed there are many entitled to applause and gratitude for their

1Journals of the Continental Congress, vol. IV, pp. 229–232.

patriotism and benevolence, and in whose favour a discrimination of property cannot be made) as shall suffer by captures, will impute it to the authors of our common calamities, Do Declare and Resolve, as followeth, to wit:

Resolved, That the inhabitants of these colonies be permitted to fit out armed vessels to cruize on the enemies of these United Colonies.

Resolved, That all ships and other vessels, their tackle, apparel, and furniture, and all goods, wares, and merchandizes, belonging to any inhabitant or inhabitants of Great Britain, taken on the high seas, or between high and low water mark, by any armed vessel, fitted out by any private person or persons, and to whom commissions shall be granted, and being libelled and prosecuted in any court erected for the trial of maritime affairs, in any of these colonies, shall be deemed and adjudged to be lawful prize; and after deducting and paying the wages of the seamen and mariners on board of such captures, as are merchant ships and vessels, shall be entitled to, according to the terms of their contracts, until the time of the adjudication, shall be condemned to and for the use of the owner or owners, and the officers, marines, and mariners of such armed vessel, according to such rules and proportions as they shall agree on: Provided always, that this resolution shall not extend to any vessel bringing settlers arms, ammunition or warlike stores to and for the use of these colonies, or any of the inhabitants thereof, who are friends to the American cause, or to such warlike stores, or to the effects of such settlers.

Resolved, That all ships or vessels, with their tackle, apparel, and furniture, goods, wares, and merchandizes, belonging to any inhabitant of Great Britain as aforesaid, which shall be taken by any of the vessels of war of these United Colonies, shall be deemed forfeited; one third, after deducting and paying the wages of seamen and mariners as aforesaid, to the officers and men on board, and two thirds to the use of the United Colonies.

Resolved, That all ships or vessels, with their tackle, apparel, and furniture, goods, wares, and merchandises, belonging to any inhabitants of Great Britain as aforesaid, which shall be taken by any vessel of war fitted out by and at the expence of any of the United Colonies, shall be deemed forfeited, and divided, after deducting and paying the wages of seamen and mariners, as aforesaid, in such manner and proportions as the assembly or convention of such colony shall direct.

Resolved, That all vessels, with their tackle, apparel, and furniture, and cargoes, belonging to the inhabitants of Great Britain, as aforesaid, and all vessels which may be employed in carrying supplies to the ministerial armies, which shall happen to be taken near the

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shores of any of these colonies, by the people of the country, or detachments from the army, shall be deemed lawful prize; and the court of admiralty within the said colony is required, on condemnation thereof, to adjudge that all charges and expences which may attend the capture and trial, be first paid out of the monies arising from the sales of the prize, and the remainder equally divided among all those, who shall have been actually engaged and employed in taking the said prize. Provided, that where any detachments of the army shall have been employed as aforesaid, their part of the prize money shall be distributed among them in proportion to the pay of the officers and soldiers so employed.

Ordered, That the foregoing resolution be published.

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Instructions of the Continental Congress to Commanders of Private Ships and Vessels of War, April 3, 1776 1

Instructions to the commanders of private ships or vessels of war, which shall have commissions or letters of marque and reprisal, authorizing them to make captures of British vessels and cargoes. 1. You may, by force of arms, attack, subdue, and take all ships and other vessels belonging to the inhabitants of Great Britain, on the high seas, or between high water and low water mark, except ships and vessels bringing persons who intend to settle and reside in the United Colonies; or bringing arms, ammunition, or war-like stores, to the said colonies, for the use of such inhabitants thereof as are friends to the American cause, which you shall suffer to pass unmolested, the commanders thereof permitting a peaceable search, and giving satisfactory information of the contents of the ladings, and destinations of the voyages.

2. You may, by force of arms, attack, subdue, and take all ships and other vessels whatsoever, carrying soldiers, arms, gunpowder, ammunition, provisions, or any other contraband goods, to any of the British armies or ships of war employed against these colonies.

3. You shall bring such ships and vessels, as you shall take, with their guns, rigging, tackle, apparel, furniture, and ladings, to some convenient port or ports of the United Colonies, that proceedings may thereupon be had, in due form, before the courts, which are or shall be there appointed to hear and determine causes civil and maritime.

1 Journals of the Continental Congress, vol. iv, pp. 253–254.