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the bloody business the patriots were ready to meet them “in the sanguine field," but if any of them felt a repugnance to the work of shedding their countrymen's blood they would be protected. One redcoat came forward and was received

with great cheers.

The carts, accompanied by the continual huzzas of the people, were thereupon turned back, and, making their way through Beaver Street and upon the Broad Way, deposited their chests in a ball alley at the corner of John Street. These arms were afterward used by the first troops raised in New York by the Committee.

The forbearance of the British Major on this occasion has always been a cause of great surprise. It was perhaps due to his sympathy with the American cause, as shortly after he resigned his commission.

No doubt the advice of the sage and patriotic Morris in this instance was eminently proper, but as sometimes happens the rash and audacious deed of Willett bore good fruit and rendered his name and his service immortal.

During the Revolutionary War, Willett became one of the most efficient officers in the American army. Subsequently he occupied the position of Sheriff, and in 1807 was Mayor of the City. Sheriff and Willett Streets were both named in his honor. He died at the ripe old age of ninety, and was buried in a coffin made of pieces of wood collected by himself from various Revolutionary battlefields. — ALBERT Ulmann, ULMANN, in the New York Times Saturday Review.

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[See page 105]

As many seem to identify privateering with piracy, a word on the subject may not be inopportune.

According to the law of nations, when one power has declared war against another, all the subjects of the one are enemies to the subjects of the other, and consequently the subjects of one power may not properly complain of hostile acts done by those of the adverse power, even though such acts should not have been specially commanded by the power. Usually, however, unsanctioned inimical acts have been practically condemned by nearly all civilized nations, for, although not looked upon as piracy, yet they would be irreg

ular. The universal rule is that, except in case of self-defence, only those regularly enrolled by their respective powers should take part in warfare. To the sovereign power it belongs to make war, and in doing so it may employ what means it sees fit. It may limit itself to its own resources, or it may make use of those of others, either by land or sea; it may employ only its public vessels, or it may avail itself of vessels belonging to private persons; and in doing the latter, the fact of giving them a commission forms of such forces in respect to the navy what would compare with a volunteer force in respect to the regular army, for in both of these cases the commissions they bear make of them servants of the State. To guard against the abuses incident to piracy, such sea forces are subject to certain regulations.

Unprepared as were the colonies for warfare on land, to a greater degree were they so by sea. Warfare against the French, Spanish, and Indians had necessarily imparted to the colonists a certain degree of experience and discipline, but never having entered into contest with these foes on the sea, they had consequently no advantage whatever. Far easier was it for them. to raise an army, and to drill it on firm land which had been their basis in every operation since their advent, than to build and equip vessels, and perform evolutions on such an unstable and unaccustomed element as water. Subjects also could be found more ready to rise up and equip themselves to defend their hearth-fires than to leave them to the mercy of their enemy and go forth to meet such of them as were already considered masters of the sea.

The origin of the United States navy dated only from 1775, in which year Congress authorized two cruisers to be built, the one carrying ten, the other fourteen guns; soon after, fifteen other vessels were authorized to be built, carrying from twenty to thirty-six guns, the colonies of New England, New York, Pennsylvania, and Maryland bearing the expense of their construction. On December 22, 1775, Esek Hopkins and Paul Jones were appointed, respectively, commander-in-chief and lieutenant; there was also appointed a corps of naval officers. By October, 1776, the infant navy numbered twenty-six vessels, mounting 536 guns, and with this ineffectual armament, the colonies were to meet the superior force of Great Britain,

until such time as the French fleet came to assist them in their efforts. They were utterly unable to succeed in combined operation against the British, as in the very few encounters. they had, the colonists came off conquered; consequently the sea-coast was at the mercy of the oppressors.

Seeing the necessity of enlarging their force, Congress gladly granted letters of marque to any well-known patriots who should be venturesome enough to undertake the work of assisting their country on the sea. Without these letters of marque such vessels would have been treated, when captured, as ordinary pirates. The instructions issued by Congress to all privateers during the Revolution were as follows:

"I. 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 sea, or between high water and low water marks, except ships and vessels bringing persons who intend to settle and reside in the United States; or bringing arms, ammunition or warlike 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 commander thereof permitting a peaceable search and giving satisfactory information of the contents of the ladings and the destination of the voyages.

"II. You may by force of arms 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 the colonies.

"III. You shall bring such ships and vessels as you shall take, with their guns, tackle, apparel, furniture and lading, to some convenient port or a port of the united Colonies, that proceedings may thereupon be had in due form before the courts which are or shall be then appointed to hear and determine causes civil and maritime.

"IV. You or one of your chief officers shall bring or send the master and pilot and one or more principal person or persons of the company of every ship or vessel by you taken, as soon after the capture as may be, to the Judge or Judges, of such court as aforesaid to be examined upon oath and make answer to the interrogatories which may be propounded touching

the interest or property of the ship or vessel and her lading, and at the same time you shall deliver or cause to be delivered to the Judge or Judges all Passes, Sea Briefs, Charter-Parties, Bills of Lading, Lockers, Letters and Documents, and Writings found on Board, proving the said Papers by the Affidavit of yourself, or of some other Person present at the Capture, to be produced as they were received, without Fraud, Addition, Subtraction, or Embezzlement.

"V. You shall keep and preserve every Ship or Vessel and Cargo by you taken until they shall by Sentence of a Court properly authorized be adjudged lawful Prize, not selling, wasting, or diminishing the same or breaking the Bulk thereof, not Suffering any such Thing to be done.

"VI. If you or any of your Officers or Crew shall in cold blood, kill or maim, or, by Torture or otherwise, Cruelly, inhumanly, and contrary to common usage and the Practice of civilized nations in war treat any Person or Persons surprised in the Ship or Vessel you shall take, the offender shall be severely punished.

"VII. You shall by all convenient Opportunities, send to Congress written accounts of the Capture you shall make, with the number and names of the Captives, Copies of your Journal from time to time, and Intelligence of what may

or be discovered concerning the Design of the Enemy and the Destinations, motion and Operation of their Fleets and armies.

"VIII. One third, at least of your whole company shall be Land men.

"IX. You shall not ransom any Prisoners or Captives, but shall dispose of them in such manner as the Congress, or if that be not sitting in the Colony whither they shall be brought, as the General Assembly, Convention or Council or Committee of Safety of such Colony shall direct.

"X. You shall observe all such further instructions as Congress shall hereafter give, in the promise you shall have notice thereof.

"XI. If you shall do anything contrary to these instructions or to others hereafter to be given, or willingly suffer such things to be done, you shall not only forfeit your commission and be liable to an Action for Breach of the Condition of your Bond,

but be responsible to the Party aggrieved for Damages sustained by such malversation."

[See page 138]

The following letter 1 goes to prove that Peter Freneau did not go to South Carolina till after the year 1780; it was written just two weeks before the capture of the "Aurora."

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PHILADELPHIA, May 13th, 1780.

SIR, With this you will receive a Cask containing 14 Galls of Wine which is due you for two Guineas that you gave me on the other side you have your Account I am informed that you have rec £50 for the Horse that I lost in M. Budinots service, this sum is so far from making me any satisfaction that I am determined not to take it, the Horse cost me upwards of £20 in Specie, I think it is Just that I should have more than £50 Continental which at the present Exchange is only 16 a very Small Compensation for lying out of my property upwards of two years. I would therefore beg that if you do not get more for me that you will inform Mr. Budinot that I had rather Loose the horse than take a mere Shaddow in pay for him. I have nothing more to add only that I am

Very Respectfully

Your most obedient
Humble Servant

PETER FRENEAU.

JOHN COVENHOVEN ESQR

Freehold

Monmouth County.

[See page 187]

Chief Justice Pinckney was the son of Thomas Pinckney and Mary Cotesworth. In 1752 he was made Chief Justice of the province. His wife, Eliza Lucas, daughter of Colonel Lucas of the British army, was the first to introduce the cultivation of indigo into the United States. He had two sons Charles Cotesworth and Thomas Pinckney; both brothers

1 The original letter is in the possession of Mr. Weymer Jay Mills.

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