Report of the Committee

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The Congress resumed the consideration of 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:

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 the 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 rifled 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

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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 said 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 above mentioned may suffer, unless some laws be made to regulate, and tribunals erected competent to determine the propriety of captures; whereupon, your Committee came to the following Resolutions:

1st. 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 puposes hereinafter mentioned.

2d. That all transport vessels in the same service, having on board any troops, arms, ammunition, clothing, 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 cargoes, shall be liable to confiscation.

3d. That no master or commander of any vessel shall be entitled to cruise 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.

4th. 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 he 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.

5th. 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.

6th. That in all cases an appeal shall be allowed to the 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 twenty days after the meeting thereof.

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7th. 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 expense 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 entitled 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 made.

8th. 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, viz:

Captain or Commander, — 6
Mate, — 1½
First Lieutenant, — 5
Gunner, — 1½
Second Lieutenant, — 4
Boatswain, — 1½
Surgeon, — 4
Gunner' s Mate, — 1½
Master, — 3
Sergeant, — 1½
Steward, — 2
Privates, — 1

On motion made, Resolved, That the Committee who brought in the foregoing Report, after consulting the books, report whether any and what addition, in their opinion, may be made to the second Resolution.

Resolved, That that part of General Washington' s Letter, No˙ 7, of the 11th instant, respecting the capture of a Vessel by the inhabitants of New-Hampshire, be referred to the Committee who brought in the foregoing Report, and that they report thereon to Congress.

The Congress then took into consideration the Rules for the American Navy, &c˙; but not having time to finish them,

Resolved, That the further consideration thereof be postponed till Monday next.

The Orders of the Day being renewed,

Adjourned to ten o' clock, on Monday.