| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --TUESDAY, DECEMBER 4, 1781
Mr. [John] Hanson and Mr. D[aniel] Carroll, having been re-elected delegates to represent the state of Maryland, produced the credentials of their appointment, together with Mr. S[amuel] Chase and Mr. Turbutt Wright.
Page 1152 | Page image
Annapolis, Maryland,
By the House of Delegates, November 28, 1781.
The House proceeded to the Choice of four Delegates to Congress, and the ballots being deposited in the ballot box, the Gentlemen named to strike retired, and after some time returned and reported, That upon examining the ballots it appeared, that John Hanson, Daniel Carroll, Samuel Chase, and Turbutt Wright, Esquires, had a majority of Votes.
Whereupon, Resolved, That John Hanson, Daniel Carroll, Samuel Chase, and Turbutt Wright, Esquires, be, and are hereby declared to be, Delegates to represent this State in Congress.
Extract from the Minutes,
F. Green, Cl.1
[Note 1: 1 The original is in the Papers of the Continental Congress, Maryland, Credentials of Delegates.]
The ordinance respecting captures, being taken into consideration, and on a question to insert the following clause:
The Committee to whom were referred sundry proposed amendments to the draught of an Ordinance relating to Captures, report the following, in lieu of the provisees agreed to be struck out:
Provided nevertheless, that from and after the 1st day of March, in the year 1782, all goods, wares and merchandizes, of the growth, produce or manufacture of Great Britain, or of any territory depending thereon, if found within three leagues of the coasts, and destined to any port or place of the United States, in any ship or vessel belonging to the citizens of the said states, or the subjects of any neutral power, shall be liable to capture and condemnation, unless the same shall have been previously captured from the enemy and condemned, or in consequence of capture, may be proceeding to some port or place not in the power of the said enemy, for trial and condemnation.2
[Note 2: 2 This amendment, in the writing of William Churchill Houston, is in the Papers of the Continental Congress, No. 59, III, folio 271.]
The yeas and nays being required by Mr. [George] Partridge,
Page 1153 | Page image
{table}
So it was resolved in the affirmative.
The ordinance being read a third time, was passed as follows:
An ordinance, ascertaining what captures on water shall be lawful.
In pursuance of the powers delegated by the Confederation in cases of capture on water:
Be it ordained by the United States in Congress assembled, that from and after the first day of November February next, all resolutions and ordinances of Congress relating to captures or re-captures on water, and coming within the purview of this ordinance, except as is herein after excepted, shall be null and void: but questions of this nature arising before, or which shall be undetermined at that day, shall be determined at any time during the war with Great Britain, according to them, in the same manner as if this ordinance had never been made.
It shall be lawful to capture and to obtain condemnation of the property herein after enumerated, if found below high water mark; that is to say,
Page 1154 | Page image
All ships and other vessels of whatsoever size or denomination belonging to an enemy of the United States, with their rigging, tackle, apparel and furniture.
All goods, wares and merchandizes belonging to an enemy, and found on board of a ship or other vessel of such enemy.
All contraband goods, wares and merchandizes to whatever nation belonging, although found in a neutral bottom, if destined for the use of an enemy; but the goods, wares and merchandizes belonging to an enemy, contraband goods, and goods destined to a blockaded, invested or besieged port, being always excepted, found in a vessel belonging to a foreign nation, other than an enemy, shall in no case be subject to condemnation.
Provided nevertheless that no goods, wares or merchandize belonging to the king of Great Britain or to any of his subjects shall be included in this exemption until the said king shall conform to the propositions contained in the declaration of Her Imperial Majesty of all the Russians of theday ofrespecting the rights of neutral nations.
Provided also that all goods, wares and merchandizes of the growth or manufacture of Great Britain or of any country or territory depending thereon directly bound to any port in the United States shall be liable to capture and condemnation unless previously captured.
Provided nevertheless, that from and after the first day of March, in the year one thousand seven hundred and eighty-two, all goods, wares and merchandizes of the growth, produce or manufacture of Great Britain, or of any territory depending thereon, if found within three leagues of the coasts and destined to any port or place of the United States, in any ship or vessel belonging to the citizens of the said states, or the subjects of any neutral power, shall be liable to capture and condemnation, unless the same shall have been previously captured from the enemy and condemned, or in consequence of capture may be proceeding to some port or place not in the power of the said enemy, for trial and condemnation.
All ships or other vessels, goods, wares and merchandizes belonging to any power or the subjects of any power against which letters of marque or reprisal shall have issued.
All ships or other vessels, with their rigging, tackle, apparel and furniture, and with their cargoes to whatsoever nation belonging, destined to any port or place invested, besieged or blockaded, by a sufficient force belonging to, in the service of, or co-operating with,
Page 1155 | Page image
the United States, so effectually as that one cannot attempt to enter into such port or place without evident danger.
All ships or other vessels, with their rigging, tackle, apparel and furniture, and with their cargoes, found in the possession of pirates.
The goods, wares and merchandizes to be adjudged contraband, are the following, that is to say,
Cannons, mortars, fire-arms, pistols, bombs, granadoes, bullets, balls, fuses, flints, matches, powder, salt-petre, sulphur, carcases, pikes, swords, belts, pouches, cartouch-boxes, saddles and bridles, in any quantity beyond what may be necessary for the ship's provision, and may properly appertain to, and be adjudged necessary for, every man of the ship's crew or for each passenger.
If it shall manifestly appear, that of any entire thing of which division cannot be made without injury to its value, a subject of the enemy, and a citizen or a subject of a foreign power, not being an enemy, are joint holders, the whole shall be condemned and sold for gold or silver, the proper proportion of the net proceeds of which shall be deposited in the treasury of the State in which the sale shall be, to be paid to the order of such citizen, or the subject of such foreign power.
If such division can be accomplished, but neither the citizen nor the subject of a foreign power, nor his agent, shall require specific restitution of his property, there shall be a sale in the same manner as if the property were indivisible. But if in such case a requisition be made to this effect, the due proportion shall be specifically restored.
Where property shall have been originally captured on land from a State, or a citizen of the United States, and shall be re-captured below high-water mark by another citizen thereof, restitution shall be made to the former owner upon the payment of a reasonable salvage, not exceeding one-fourth part of the value; no regard being had to the time of possession by the enemy.
In all cases of re-capture by an armed vessel, fitted out at the expence of the United States, of a vessel or other effects belonging to a citizen, the court shall adjudge the proportion which would be due to the United States to be remitted to such citizen, no regard being had to the time of possession by the enemy.
On the re-capture by a citizen of any negro, mulatto, Indian, or other person, from whom labour or service is lawfully claimed by a State or a citizen of a State, specific restitution shall be adjudged to the claimant, whether the original capture shall have been made
Page 1156 | Page image
on land or water, and without regard to the time of possession by the enemy, a reasonable salvage being paid by the claimant to the re-captor, not exceeding one-fourth of the value of such labour or service, to be estimated according to the laws of the State of which the claimant shall be a citizen under which the claim shall be made
But if the service of such negro, mulatto, Indian, or other person, captured below high-water mark, shall not be legally claimed by a citizen of these United States within a year and a day from the sentence of the court, he shall be set at liberty.
In all other cases of re-capture, restitution shall be made to the owner upon payment of one-third part of the true value for salvage, if the property shall have been re-taken in less than twenty-four hours after the capture. But if it shall not have been re-taken until the expiration of twenty-four hours after the capture, restitution shall not be made of any part.
Besides those who are duly authorised to make captures by special commission, captures of the property of an enemy shall be adjudged lawful when made:
Re-captures shall be made by no other persons than those authorised to make captures, except the crews of vessels re-taken.
The destruction of papers, or the possession of double papers by any captured vessel, shall be considered as evidence for condemnation, unless good cause be shewn to the contrary.
From and after the first day of November February, which shall be in the year of our Lord 1781 one thousand seven hundred and eighty-two, any letters of passport or safe conduct, granted before the 27th of March last, under the authority of Congress, to any person whatsoever, for removal of property from a place beyond sea within the dominions or possessions of the British king, shall be void.
Upon the capture of a vessel commissioned as a man of war or privateer, by any of the vessels of war of the United States of America,
Page 1157 | Page image
the whole of the property condemned shall be adjudged to the captors, to be divided in the following manner, (saving to all persons who shall lose a limb in any engagement, or shall be otherwise disabled in the service of the United States, every benefit accruing to them under the resolutions of Congress of the 20th of August twenty-eighth day of November, one thousand seven hundred and seventy-five,) that is to say,
To the commander in chief of the navy of the United States, shall be allotted one twentieth part of all prizes taken by an armed vessel or vessels under his orders and command: when there shall be no such commander in chief, the one twentieth part allotted to hun shall be paid into the treasury of the United States.
To the captain of any single armed vessel, two twentieth parts, but if more ships or vessels be in company when a prize is taken, then the two twentieth parts shall be divided equally among all the captains.
To the captains of marines, lieutenants and masters, three twentieth parts of all prizes taken when they are in company, to be divided equally among them.
To the lieutenants of marines, surgeons, chaplains, pursers, boatswains, gunners, carpenters, masters' mates, and the secretary of the fleet, two twentieth parts, and half of one twentieth part, to be divided equally among them.
To the following petty warrant officers, viz. midshipmen, (allowed for each ship six, for each brig four, and for each sloop two,) captains' clerks, surgeons' mates, stewards, sail-makers, coopers, armourers, (allowing for each vessel one of each only,) boatswains' mates, gunners' mates, carpenters' mates, (allowing for each vessel two of each,) cooks, cockswains, (allowing for each vessel one of each,) serjeants of marines, (allowing two for each ship and one for each brig and sloop,) three twentieth parts, to be divided equally among them: and when a prize is taken by any vessel, on board or in company of which the commander in chief is, then the commander in chief's cook or cockswain shall be added to the petty warrant-officers, and share equally with them.
The remaining eight twentieth parts, and half of the one twentieth part shall be divided among the rest of the vessel's company or companies, as it may happen, share and share alike.
No officer nor man shall have any share, but such as are actually on board their several vessels when any prize or prizes shall be taken,
Page 1158 | Page image
excepting only such as may have been ordered on board any other prizes, before taken or sent away by his or their commanding officers.
Upon the capture of any other vessel, if made by a vessel of war, belonging to the United States, one half of the property condemned shall be decreed to the United States, and the other half to the captors, to be divided as aforesaid; if by a private vessel no; having a commission, the whole shall be decreed to the captors: if by any body or detachment of regular or other troops in the service of the United States, the whole shall be adjudged to the captors, to be divided in proportion to the pay in the line of the army: if by inhabitants of the country, being in arms, the whole shall be adjudged to the captors, to be divided equally among them: provided, that if any such inhabitant shall be wounded in making the capture, he shall be entitled to two shares, and if killed, his legal representatives shall be entitled to four shares; if by the crews of British vessels, the whole shall be adjudged to the captors, to be divided at the discretion of the court.
On re-capture by an armed vessel belonging to the United States, of a vessel under the protection of a vessel belonging to the enemy, commissioned as a man of war or privateer, or where the vessel re-taken is equipped in a war like manner, the proportion to be withdrawn from the original owner, shall be divided as in the case of a capture of an enemy's vessel commissioned as a man of war or privateer.
On re-capture by an armed vessel belonging to the United States, of a vessel under the protection of an hostile vessel not commissioned as a man of war or privateer; and where the vessel re-taken is not equipped in a war like manner, the proportion to be withdrawn from the original owner shall be divided, as in the case of an hostile vessel not commissioned as a man of war or privateer.
The rules of decision in the several courts shall be the resolutions and ordinances of the United States in Congress assembled, public treaties when declared to be so by an act of Congress, and the law of nations, according to the general usages of Europe. Public treaties shall have the pre-eminence in all trials.
This ordinance shall commence in force on the 1st day of November February, which will be in the year of our Lord 1782.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 59, III, folios 261--272. See Ante September 17.]
Done ∥by the United States∥ in Congress ∥assembled,∥ &c. &c.
Page 1159 | Page image
The Committee of the Week report
That the memorial of Donald Campbell of the 3rd. inst. appealing from the decision of the Comptroller of Accounts, on the settlement of his Accounts as Deputy Quartermaster General in the Northern department be referred to a special Committee.1
[Note 1: 1 This report, in the writing of William Churchill Houston, is in the Papers of the Continental Congress, No. 32, folio 295.
Campbell's memorial is in No. 41, II, folio 371, and was referred to a committee consisting of Mr. [George] Clymer, Mr. [William Churchill] Houston, and Mr. [Ezekiel] Cornell.]
War Office December 4, 1781.
Sir,
It appears by the petition of Captain Charles Fuhrer, that he was an officer in the Hessian line in the pay of Britain. That in the year 1777 he was a prisoner to the United States, while such he formed an attachment to their cause, and when exchanged thought it his interest to quit his former employ and become a citizen of America. Some time after it was proposed to raise a Corps by the name of the German Volunteers, in which he was appointed a Captain and made an attempt by addressing them to raise a spirit of desertion among the German troops but failing in this attempt, and all hopes of completing the Corps being given up, the officers were dismissed, on which the petitioner received three months' pay and went into other employ.
So that though his distresses, represented in his petition, may awaken the feelings of Congress I cannot see that he has any just demands on them.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 149, I, folio 17. It was read this day as the indorsement states.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |