The Navy of the American Revolution : $b Its administration, its policy, and its achievementsPaullin, Charles Oscar
History
The Navy of the American Revolution : $b Its administration, its policy, and its achievements
Paullin, Charles Oscar
United States -- History -- Revolution, 1775-1783 -- Naval operations; United States. Navy -- History -- Revolution, 1775-1783
The General Court of Massachusetts next turned its attention to
privateering. The acts of the states on this head fall into two
general classes; those which in terms established state privateering,
and those which adopted Continental privateering or accommodated
state laws to the same. After the first half of 1776 all the states
used Continental commissions and bonds. Massachusetts, moving in this
matter before Congress, necessarily established state privateering.
On September 28, 1775, her House of Representatives, having such
establishment in view, appointed a committee of seven to consider the
“Expediency of fitting out a Number of Armed Vessels.” On October 9,
this committee reported in favor of instituting privateering and a
prize court to try cases of capture. On October 14 a bill embodying
the committee’s recommendations was introduced. It now passed slowly
through the legislative mill, and on November 1 it became a law.[386]
John Adams once referred to this statute of Massachusetts as one
of the most important documents in the history of the Revolution.
Its preamble was the work of Elbridge Gerry, and the body of the
law was drafted by James Sullivan, many years later Governor of
Massachusetts.[387] Gerry stated the sanctions for the law. These
he found in the arbitrary and sanguinary acts of Great Britain, in
the charter of Massachusetts granted by King William and Queen Mary,
and lastly in the resolution of the Continental Congress of July
18, 1775, recommending each colony to provide by armed vessels or
otherwise for the protection of its harbors and navigation.
The Massachusetts law provided that all vessels convicted of making
unlawful invasions or attacks on the seacoasts or navigation of any
part of America should be forfeited. The Council was authorized to
grant letters of marque and reprisal to masters and owners of vessels
upon their entering into bond faithfully to discharge the duties
of their office and to observe the naval laws of the colony. Three
admiralty districts embracing the counties on the Massachusetts
seacoast were established. The Southern district with the seat of its
court at Plymouth embraced Plymouth county and the counties to the
southward; the Middle district with the seat of its court at Ipswich
embraced the counties of Suffolk, Middlesex, and Essex and extended
from Plymouth county to New Hampshire; and the Eastern district
with the seat of its court at North Yarmouth embraced the seacoast
counties of Maine. The form of procedure in these courts was fixed
for both captured and recaptured vessels. In the latter case salvage
was from one-third to one-fourth of the selling price of the vessel.
The facts in prize cases were to be tried by twelve good and lawful
men. At this time the people of Massachusetts were so enraged at
the judges of the former Provincial admiralty court that they would
have universally condemned the trying of facts in prize cases by
judges.[388]
Public-domain text, read in full here on John Shaqi.
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