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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875

Journals of the Continental Congress --WEDNESDAY, APRIL 3, 1776

Journals of the Continental Congress, 1774-1789
WEDNESDAY, APRIL 3, 1776

Resolved, That the letter of General Washington, of the 24th of March, with the papers enclosed, be referred to a committee of three.

The members chosen, Mr. [Thomas] Johnson, Mr. [John] Jay, and Mr. [James] Wilson.

A memorial and petition of Captain John Nelson was presented to Congress and read;Whereupon,

Resolved, That the sum of 1000 dollars be advanced to Captain Nelson, for the use of his company, he to be accountable.

A petition from P. Moore, in behalf of the owners of the sloopsCongress andChance, privateers, for 400 lb. of powdermay be lent to them, ∥was presented and read:∥

Resolved, That the Secret Committee be empowered to sell them the quantity.

The Committee of Claims reported, ∥to whom the account of Messrs. Price and Haywood was referred, brought in their report: Whereupon,∥

Resolved, That there be advanced to Messrs. Price and Haywood, the sum of sixty four thousand, three hundred

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and fifty eight dollars, and six tenths of a dollar on account of supplies to the army in Canada, to be accounted for on settlement of their accounts; and that General Wooster be directed to forward the accounts and vouchers lodged in his hands.

That there is due, to the township of Montague, in the county of Sussex, New Jersey, for slay hire, in forwarding prisoners from Canada, under the direction of A. E Brasher, the sum of 45 dollars, and that the same ought to be paid to Nicholas Christopher.

Ordered, That, the above be paid.

A letter from H[enry] Fisher, of Lewistown, to the committee of safety of Pensylvania, together with a resolve of said committee, being laid before Congress was read:¹

[Note 1: 1 This letter and resolution are in thePapers of the Continental Congress, No. 69, I, folio 113.]

Resolved, That the commander of the batallion raised in Delaware government, be directed to send two companies of said batallion to Lewistown, there to remain in the service of the continent till farther orders.

Resolved, That the Marine Committee be directed and empowered to fit out, with all expedition, two armed cutters, for the service of the continent.

Resolved, That Blank commissions for private ships of war and letters of marque and reprisal, signed by the president, be sent to the general assemblies, conventions, and councils or committees of safety of the United Colonies, to be by them filled up and delivered to the persons intending to fit out such private ships of war, for making captures of British vessels and cargoes, who shall apply for the same, and execute the bonds which shall be sent with the said commissions, which bonds shall be returned to the Congress.

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Resolved, That every person intending to set forth and fit out a private ship or vessel of war, and applying for a commission or letters of marque and reprisal for that purpose, shall produce a writing subscribed by him, containing the name and tonnage or burthen of the ship or vessel, the number of her guns, with their weight of metal, the name and place of residence of the owner or owners, the names of the commander and other officers, the number of the crew, and the quantity of provisions and warlike stores; which writing shall be delivered to the secretary of Congress, or to the clerk of the house of representatives, convention, or council, or committee of safety of the colony in which the ship or vessel shall be, to be transmitted to the said secretary, and shall be registered by him; and that the commander of the ship or vessel, before the commission or letters of marque and reprisal may be granted, shall, together with sufficient sureties, seal and deliver a bond, in the penalty of five thousand dollars, if the vessel be of one hundred tons or under, or ten thousand dollars, if of a greater burthen, payable to the president of the Congress, in trust for the use of the United Colonies, with condition in the form following, to wit:

"The condition of this obligation is such, That if the above-bounden, who is Commander of the, called, belonging to, of, in the colony of, mountingcarriage Guns, and navigated byMen, and who hath applied for a Commission, or Letters of Marque and Reprisal, to arm, equip, and set forth to Sea, the said as a private Ship of War, and to make Captures of British Vessels and Cargoes, shall not exceed or transgress the Powers and Authorities which shall be contained in the said Commission, but shall, in all Things, observe and conduct himself, and govern his Crew, by and according to the same, and certain Instructions therewith to be delivered, and such other Instructions as may hereafter be given to him; and shall make Reparation for all Damages sustained by any Misconduct or unwarrantable Proceedings of Himself, or the Officers or Crew

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of the said, then this Obligation shall be void, or else remain in Force;

Sealed and Delivered in the Presence of"

Which bond shall be lodged with the said secretary of Congress.

The committee to whom the instructions to the commanders of private ships or vessels of war, were recommitted, brought in their report, which being taken into consideration, and debated by paragraphs, was agreed to as follows:

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 highh 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, amunition, 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.
• 4. You, or one of your chief officers, shall bring or send the master andd 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

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  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, cockers, letters, and other 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, subduction or embezzlement.

• 5. You shall keep and preserve every ship or vessel, and cargo, by you taken, until they shall, by a sentence of a court properly authorized, be adjudged lawful prizes; not selling, spoiling, wasting, or diminishing the same, or breaking the bulk thereof, nor suffering any such thing to be done.
• 6. 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 surprized in the ship or vessel you shall take, the offender shall be severely punished.
• 7. You shall, by all convenient opportunities, send to Congress written accounts of the captures you shall make, with the number and names of the captives, copies of your journal from time to time, and intelligence of what may occur or be discovered concerning the designs of the enemy, and the destination, motions, and operations of their fleets and armies.
• 8. One-third, at least, of your whole company shall he landsmen.
• 9. 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.
• 10. You shall observe all such further instructions as Congress shall hereafter give in the premises, when you shall have notice thereof.
• 11. If you shall do any thing contrary to these instructions, or to others hereafter to be given, or willingly suffer such thing 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 grieved for damages sustained by such malversation.¹

  [Note 1: 1 Printed in thePennylvania Evening Post, 11 April, 1776.
  "While the British ministry are taking every step, that cruelty and revenge can dictate, for the destruction of American liberty, it is incumbent on these United Colonies to exert their utmost efforts to defeat them.
  "Happily for our country, their military operations have not been attended with the success which they sanguinely expected. This circumstance, however, far from abating their rage, has had the effect constantly produced by disappointed passions. It has roused them to make now exertions of power against us; and we now behold American property, by a late act of Parliament, made legal plunder. Such a strain of rapine and violence, can be equalled only by the spirit with which it is likely to be excuted.
  "Having authorized the seizure of vessels belonging to these colonies, wherever found upon the high seas, there is too much reason to apprehend the execution of the ∥ (which we may expect in its greatest extent), will, for a time, prove a severe clog to the trade of America.
  "Under these circumstances, the Congress, in hopes of checking, in some degree, an evil which they cannot, at present, remove; and acting upon the same principles of self-preservation and retaliation which they have hitherto adopted, have been induced to come into sundry resolutions relative to the fitting out letters of marque and reprisal. The trade of America is an object of so much consequence, and the protection of it so necessary, that I make no doubt of your giving all the encouragement in your power, to any measures that may be deemed expedient, for its security and existence."John Hancock to the Assembly of Rhode Island, 12 April, 1776.Records of the Colony of Rhode Island, VII, 507.]

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Order to James Mease for 20,000 dollars ∥be drawn on the treasurer∥ for the use of the Pensylvania Battalions, he to be accountable.¹

[Note 1: 1 This paragraph after the word Mease, is in the writing of John Hancock.]

Resolved, That the pay of the auditor of accounts be at the rate of 1,066 2/3 dollars per annum.

Resolved, That this Congress will, to morrow morning, at 10 o'Clock resolve itself into a committee of the whole to take into consideration the trade of the United Colonies.

Adjourned to 10 o'Clock to Morrow.

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