History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
In the autumn of this year, therefore, there were two classes of armed
vessels cruising in the waters of Massachusetts: one consisting of those
sailing under the continental authority, and the other consisting of
those sailing under the authority of the Massachusetts Assembly.
Captures were made by each, and some of those sailing under the
continental authority were quite successful. Captain Manly, commanding
the Lee, took, in the latter part of November, a valuable prize, with a
large cargo of arms, ammunition, and military tools; and several other
captures followed before any provision had been made for their
condemnation,--a business which was thus thrown entirely upon the hands
of General Washington.
The court established by the Legislature of Massachusetts, at its
session in the autumn of 1775, for the trial and condemnation of all
captures from the enemy, was enabled to take cognizance only of captures
made by vessels fitted out by the Province, or by citizens of the
Province. As the cruisers fitted out at the continental expense did not
come under this law, General Washington early in November called the
attention of Congress to the necessity of establishing a court for the
trial of prizes made by continental authority.[92] On the 25th of
November, the Congress passed resolves ordering all trials of prizes to
be held in the court of the colony into which they should be brought,
with a right of appeal to Congress.[93] But these resolves do not seem
to have been, for a considerable period of time, communicated to General
Washington; for, during the months of November, December, and January,
he supposed it to be necessary for him to attend personally to the
adjudication of prizes made by continental vessels,[94] and it was not
until the early part of February that the receipt of the resolves of
Congress led to a resort to the jurisdiction of the admiralty court of
Massachusetts. When, however, this was done, an irreconcilable
difference was found to exist between the resolves of Congress and the
law of the Colony respecting the proceedings; the trials were stopped
for a long time, to enable the General Court of Massachusetts to alter
their law, so as to make it conform to the resolves; and in the mean
while, many of the captors, weary of the law's delay, applied, without
waiting for the decisions, for leave to go away, which General
Washington granted.[95] As late as the 25th of April, 1776, there had
been no trials of any of the prizes brought into Massachusetts Bay. At
that date, General Washington wrote to the President of Congress, from
New York, that some of the vessels which he had fitted out were laid up,
the crews being dissatisfied because they could not obtain their
prize-money; that he had appealed to the Congress on the subject; and
that, if a summary way of proceeding were not resolved on, it would be
impossible to have the continental vessels manned. At this time Captain
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