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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, JANUARY 8, 1782.
The Ordinance for amending the "Ordinance, ascertaining what captures on water shall be lawful," was read a third time, and passed as follows:
AN ORDINANCE FOR AMENDING THE ORDINANCE, ASCERTAINING WHAT CAPTURES ON WATER SHALL BE LAWFUL.
Whereas there hath been great variance in the decisions of several maritime courts within the United States, concerning the pretensions of vessels claiming a share of prizes, as being in sight at the time of capture; some having adjudged that the mere circumstance of being in sight was a sufficient foundation of title, while others have required proof of a more active influence: and whereas this inconvenience hath arisen from the want of an uniform rule of determination in such cases:
Be it therefore ordained by the United States in Congress assembled, that no share of any prize shall be adjudged to a vessel being in sight at the time of capture, unless the said vessel shall have been able at the time when the captured vessel struck, to throw a shot as far as the space between herself and the captured vessel; and that every vessel coming in aid of the captors, which shall have been able at the time when the captured vessel struck, to throw a shot as aforesaid, and shall have been duly authorised to make captures, shall be entitled to share according to the number of her men and the weight of her metal: provided that nothing herein contained shall be construed to effect any agreement which shall have been previously made between vessels cruizing in consort.
And be it further ordained by the authority aforesaid, that whensoever an armed vessel belonging to, and commissioned by the enemy, shall be captured by any armed vessel belonging to the United States, and duly authorised to make captures, the net proceeds of the sales of the captured vessel, and of her rigging, tackle, apparel and furniture, shall be adjudged to the captors; and where a cargo shall be on board of such captured vessel, one moiety of the net proceeds of such cargo shall be adjudged to the United States, and the other moiety to the captors.
And be it further ordained by the authority aforesaid, that upon the capture of any vessel belonging to the enemy, and laden with
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masts or spars, by an armed vessel belonging to the United States, and duly authorised to make captures, the net proceeds of the sales of such captured vessel and her cargo shall be adjudged to the captors.
This ordinance shall take effect and be in force, from and after the last day of February next.
Done in Congress, &c.
A motion was made by Mr. [William] Ellery, seconded by Mr. [Richard] Law,
That it is now expedient that Congress should enlarge their ultimata for concluding a treaty of peace.
On the question to agree to this, the yeas and nays being required by Mr. [Richard] Law,
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So the question was lost.1
[Note 1: 1 This motion and the vote upon it were entered only in the More Secret Journal.]
The Committee, [composed of Messrs. Samuel Livermore, Daniel Carroll and William Churchill Houston,] to whom was referred the petition of John Wheelock of the 14 instant report as their opinion,
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That in the present state of the finances of the United States, the prayer of the petitioner cannot be granted.1
[Note 1: 1 This report, in the writing of William Churchill Houston, is in the Papers of the Continental Congress, No. 19, VI, folio 533. According to the indorsement, it was agreed to on this day.]
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