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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 --TUESDAY, MAY 2, 1780
A letter, of 29 April, from Mr. Holker was read:
Ordered, That it be referred to the Board of Treasury.
A report from the Board of Treasury was read; Whereupon,
Ordered, That on the application of Mr. J[ohn] M[orin] Scott, in behalf of himself, Mr. P[hilip] Schuyler and Mr. R[obert] R. Livingston, delegates for the State of New York, a warrant issue in his favour, on the treasurer, for fifteen thousand dollars, for which the said State is to be accountable.
That on the application of Mr. [Nathaniel] Peabody, a delegate from the State of New Hampshire, a warrant issue in his favour, on the treasurer, for ten thousand dollars, for which the said State is to be accountable.
That on the application of Michael Hillegas, treasurer of the United States, a warrant issue in his favour, on Thomas Smith, commissioner of the continental loan office for the
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commonwealth of Pensylvania, for the sum of twenty six thousand one hundred and twenty three dollars and fifty ninetieths of a dollar, to be paid in loan office certificates in discharge of two bills of exchange drawn on his Excellency the President of Congress, by John Lewis Gervais, deputy paymaster general for the southern department, of the following description, viz.
One being his first bill, dated Charlestown, South Carolina, 24th September, for twenty one thousand and sixty four dollars and 30/90 of a dollar, and the other being his first bill dated Charlestown, South Carolina, 13 September, for five thousand and fifty nine dollars and 20/90 of a dollar, amounting to the aforesaid sum of 26,123 50/90 dollars; and for which the said John Lewis Gervais is to be accountable.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, IV, folio 279.]
On motion of Mr. [Oliver] Ellsworth, seconded by Mr. [Nathaniel] Folsom,
Ordered, That the report of the committee respecting loan office certificates, the proceedings of the Committee of the Whole thereon, and several papers relative thereto now before the house, be referred to a committee of three:2
[Note 2: 2 Proceedings of Committee of the Whole respecting certificates:
Resolved, That as soon as Congress can be furnished with proper returns from the respective loan offices, so as to enable them to ascertain the scale of depreciation, they will then proceed to determine the respective rates at which the several loans already made shall be settled, in order that equal justice may be done to all the public creditors.
Resolved, That all future loans shall be received at the respective loan offices at forty dollars in the Continental bills of credit now in circulation for one in specie, and the certificates be issued payable in specie, or paper currency equivalent.
The above resolutions are in the writing of John Mathews and are in the Papers of the Continental Congress, No. 29, folio 188.]
The members chosen, Mr. [Oliver] Ellsworth, Mr. [Abraham] Clark and Mr. [James] Duane.
The Board of Admiralty having reported the form of a commission for private vessels of war, and of the bond to be given by the master and commander of the said private
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armed vessels, and instructions to the said masters; the samewere taken into consideration and agreed to, as follows:
THE FORM OF THE COMMISSION.
The Congress of the United States of America, to all to whom [L. S.] these presents shall come, send greeting:
Know ye, That we have granted, and by these presents do grant, license and authority to, mariner, commander of thecalled theof the burden oftons, or thereabouts, belonging tomountingcarriage guns, and navigated bymen, to fit out and set forth the saidin a warlike manner, and by and with the saidand the officers and crew thereof, by force of arms to attack, subdue, seize and take all ships and other vessels, goods, wares and merchandizes belonging to the crown of Great Britain, or any of the subjects thereof, (except the ships or vessels, together with their cargoes, belonging to any inhabitant or inhabitants of Bermuda, and such other ships or vessels bringing persons with intent to settle within any of the said United States; which ships or vessels you shall suffer to pass unmolested, the masters thereof permitting a peaceable search and giving satisfactory information of the lading and their destination) or any other ships or vessels, goods, wares or merchandizes, to whomsoever belonging, which are or shah be declared to be subjects of capture by any resolutions of Congress, or which are so deemed by the law of nations: and the said ships and vessels, goods, wares and merchandizes so apprehended as aforesaid, and as prize taken, to bring into1 port or place within the said United States, in order that the courts there instituted to hear and determine proceedings may be had concerning such captures may proceed thereupon, in due form of law, and as to right and justice appertaineth: and we request all kings, princes, states and potentates, being in friendship or alliance with the said United States, and others to whom it shall appertain, to give the saidall aid, assistance and succour in their ports, with his said vessel, company and prizes: We, in the name and on behalf of the good people of the said United States, engaging to do the like to all the subjects of such kings, princes, states and potentates, who shall come into any ports within
[Note 1: 1 From here the entries are by Thomas Edison.]
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the said United States. And we will and require all our officers whatsoever, to give to the saidall necessary aid, succour and assistance in the premises. This commission shall continue in force during the pleasure of the Congress, and no longer.
In testimony whereof, we have caused the seal of the Admiralty of the United States to be affixed hereunto. Witness His ExcellencyEsq. President of the Congress of the United States of America, atthisday ofin the year of our Lord, one thousand seven hundred andand in theyear of our independence.
Passed the Admiralty Office.
Attest. Secretary of the Board of Admiralty.
THE FORM OF THE BOND.
Know all men by these presents, that we,are held and firmly bound to A. B. Esq. Treasurer of the United States of America, in the penalty of twenty thousand Spanish milled dollars, or other money equivalent thereto, to be paid to the said A. B. Treasurer as aforesaid, or to his successors in that office. To which payment well and truly to be made and done, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated theday ofin the year of our Lordand in theyear of the independence of the United States.
The condition of this obligation is such, that whereas the above boundenmaster and commander of thecalled thebelonging tomountingcarriage guns, and navigated bymen, and who hath applied for and received a commission, bearing date with these presents, licensing and authorizing him to fit out and set forth the saidin a warlike manner; and by and with the saidand the officers and crew thereof, by force of arms, to attack, subdue, seize and take all ships and other vessels, goods, wares and merchandizes, belonging to the crown of Great Britain, or any of the subjects thereof, (excepting the ships or vessels, together with their cargoes, belonging to any inhabitant or inhabitants of Bermuda and such other ships or vessels bringing persons with intent to settle within the said United States) and any other ships or vessels, goods, wares, and merchandize, to whomsoever belonging, which are or
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shall be declared to be subjects of capture by any resolutions of Congress, or which are so deemed by the law of nations. If therefore the saidshall not exceed or transgress the powers and authorities given and granted to him in and by the said commission, or which are or shall be given and granted to him by any resolutions, acts or instructions of Congress, but shall in all things govern and conduct himself as master and commander of the saidand the officers and crew belonging to the same, by and according to the said commission, resolutions, acts and instructions, and any treaties subsisting, or which may subsist between the United States of America and any prince, power or potentate whatever: and shall not violate the law of nations or the rights of neutral powers, or of any of their subjects, and shall make reparation for all damages sustained by any misconduct or unwarrantable proceedings of himself or the officers or crew of the saidthen this obligation to be void, otherwise to remain in full force.
Signed, sealed and delivered
in the presence of us,
Instructions to the captains and commanders of private armed himself, which shall have commissions or letters of marque and reprizal.
1. You may, by force of arms, attack, subdue and take all ships and other vessels belonging to the crown of Great Britain or any of the subjects thereof, on the high seas, or between high water and low water marks (except the ships or vessels, together with their cargoes, belonging to any inhabitant or inhabitants of Bermuda, and such other ships and vessels bringing persons with intent to settle and reside within the United States, 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 destination of the voyages) and you may also annoy the enemy by all the means in your power, by land as well as by water, taking care not to infringe or violate the laws of nations, or the laws of neutrality.
II.
You may by force of arms attack, subdue and take all ships and other vessels whatsoever carrying soldiers, arms, great guns, gun powder, ammunition, provisions or any other contraband goods to the enemies of the United States. But in case you should take any ships or vessels belonging to the subjects of the Crown of France carrying
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contraband goods to any port under the obedience of the enemy, and in all things, you are to govern yourself strictly according to the sixth, seventh, fourteenth, fifteenth, sixteenth, seventeenth, twentieth, twenty first, twenty fifth, twenty sixth, twenty seventh and twenty ninth articles of the treaty of amity and commerce subsisting between the said Crown of France and these United States, and you are also instructed to afford the same aid and protection to the persons, commerce and property of the subjects of his Most Christian Majesty as is due to the persons, commerce and property of the inhabitants of these United States.
2. You are to pay a sacred regard to the rights of neutral powers, and the usage and custom of civilized nations; and on no pretence whatever presume to take or seize any ships or vessels belonging to the subjects of princes or powers in alliance with these United States, except they are employed in carrying contrabrand goods or soldiers to our enemies; and in such case you are to conform to the stipulations contained in the treaties subsisting between such princes or powers and these states; and you are not to capture, seize or plunder any ships or vessels of our enemies being under the protection of neutral coasts, nations or princes, under the pains and penalties expressed in a proclamation issued by Congress the ninth day of May, Anne Domini, 1778.
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 States, that proceedings may thereupon be had, in due form of law before the courts which are or shall be there appointed to hear and determine, concerning such captures.
4. You shall send the master, or pilot, and one or more principal person or persons of the company of every ship or vessel by you taken in such ship or vessel, as soon after the capture as may be, to be by the judge or judges of such court as aforesaid examined upon oath, and make answer to such interrogatories as 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, cockets, 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 sentence of a court properly authorised,
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be adjudged lawful prize, or acquitted, 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 the Board of Admiralty written accounts of the captures you shall make, with the number and names of the captives, and intelligence of what may occur, or be discovered concerning the designs of the enemy, and the destinations, motions and operations of their fleets and armies.
8. One-third at least, of your whole company, shall be land men.
9. You shall not ransom or discharge any prisoners or captives, but you are to take the utmost care to bring them into port; and if, from any necessity, you shall be obliged to dismiss any prisoners at sea, you shall, on your return from your cruise, make report thereof on oath, to the judge of the admiralty of the State to which you belong, or in which you arrive, within twenty days after your arrival, with your reasons for such dismission. And you are to deliver, at your expence, or the expence of your owners, the prisoners you shall bring into port, to a commissary of prisoners nearest the place of their landing, or into the nearest county goal.
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 shah do anything 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.
Resolved, That Congress approve of the form of a commission, of a bond, and instructions for the masters of private armed vessels of war reported by the Board of Admiralty.
Resolved, That the Board of Admiralty be empowered and directed to cause to be printed, so many copies of the said forms as they shall judge necessary.
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Resolved, That the President transmit to the governors or presidents of the respective states, so many copies of the said forms, as the Board of Admiralty shall advise, and at the same time inform them that it is the intention of Congress that all commissions bonds1 and instructions now in force, be cancelled as soon as possible, and commissions, bonds and instructions of the new form be substituted in place thereof.2
[Note 1: 1 Thomson has noted in the margin "Word bonds struck out, May 3d," and run his pen through the word in the text.]
[Note 2: 2 The Board of Admiralty's report and the enclosures are in the Papers of the Continental Congress, No. 37, folios 225--239. A printed copy of the instructions is in the Papers of the Continental Congress, No. 37, folio 511.]
Adjourned to 10 o'Clock to Morrow.3
[Note 3: 3 At this point Charles Thomson resumes the entries.]
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