Return to American
Revolution Document List Return to American
Revolution Document List 
Act of the Continental Congress authorizing
the capture and confiscation of all British armed vessels, transports,
and supply ships, and directing the issuing of commissions to
captains of cruisers and privateers, 25 November 1775.
"The
Congress resumed the report of the Committee on General Washington's
letter, and the same being debated by paragraphs, was agreed to
as follows:
The
Committee to whom so much of the letter from General Washington
to the president dated the 8th Instant as relates to the disposal
of the vessels and cargoes belonging to the enemy, which shall
fall into the hands of or be taken by the inhabitants of the united
colonies and so much of the report of the committee of Congress,
which lately went to the Camp at Cambridge as related to that
subject, were referred, have examined the matter thereof and directed
the same, as it appears to them, together with the resolutions
of the Committee thereupon to be reported as followeth.
Whereas,
it appears to your Committee from undoubted information, that
many vessels which had cleared at the respective custom houses
in these colonies, agreeable to the regulations established by
acts of the British parliament, have in a lawless manner, without
even a semblance of just authority, been seized by his majesty's
ships of war, and carried into the harbour of Boston and other
ports, where they have been riffled of their cargoes, by orders
of his majesty's naval and military officers, there commanding,
without the said vessels having been proceeded against by any
form of trial and without the charge of having offended against
any law.
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
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.
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 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 expense
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 [is] 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:
Captain or commander, 6 shares.
First lieutenant, 5 do.
Second lieutenant, 4 do.
Surgeon, 4 do.
Master, 3 do.
Steward, 2 do.
Mate, 1 1/2 shares
Gunner, 1 1/2 do.
Boatswain, 1 1/2 do.
Gunner's mate, and serjeant, 1 1/2 do.
Privates, each 1 do."
Source: Journal of the Continental Congress, 25 November
1775, in William Bell Clarke, editor Naval Documents of the
American Revolution, Vol. 2, pp.1131-1133. Washington: Government
Printing Office, 1966.
23 November 1999