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
In Virginia, as in the other states and in the Continental Congress,
naval enthusiasm and interest was at its height in 1776. In the
fall the Navy Board contracted for the building of twenty-four
small transports.[518] The General Assembly in its October session
authorized the Navy Board to construct two frigates of thirty-two
guns each, and four large galleys, adapted “for river or sea
service.” For manning these galleys and those already building, the
Navy Board was empowered to raise thirteen hundred men, exclusive
of officers, to serve three years from March 3, 1777. It was to
recommend proper officers to the Governor and Council. Having been
commissioned by the Governor, the officers were to enlist the crews
for their respective galleys. Since to secure a sufficient number of
experienced seamen would be impossible, it was provided that each
crew should consist of three classes of men: able seamen, at a daily
wage of 3s.; ordinary seamen, at 2s.; and common landsmen, at 1s.,
6d. As the men in the second and third classes became proficient,
they were to be promoted. Every recruit was given a bounty of
$20.[519]
The Provincial Convention, in its December session in 1775, erected
a Court of Admiralty, consisting of three judges, to enforce the
Continental Association against trading with England. In its May
session in 1776, it gave this court jurisdiction over all captures
of the enemy’s vessels. The General Assembly, at its October session
in 1776, superseded all previous admiralty legislation by an “Act
for Establishing a Court of Admiralty.” Such court was to consist
of three judges, elected by joint ballot of the two houses of the
General Assembly. The judges were to hold their offices “for so long
time as they shall demean themselves well therein.” The court, which
was to be held at some place to be fixed by the General Assembly,
was to have cognizance of “all causes heretofore of admiralty
jurisdiction in this country.” Its proceedings and decisions were
to be governed by the regulations of the Continental Congress, the
acts of the General Assembly of Virginia, the English statutes
prior to the fourth year of the reign of James, and by the laws of
Oleron and the Rhodian and Imperial laws, so far as they have been
heretofore observed in the English courts of admiralty. In cases
which related to captures from a public enemy with whom the United
States should be at war, and in which a conflict should arise between
the regulations of Congress and the acts of the General Assembly, the
regulations of Congress should take precedence; in all other cases
of conflict, the acts of Virginia were to prevail. This provision is
of particular interest. It is one of the first instances in which
a state recognized the superiority of federal law when in conflict
with state law. Virginia was liberal in granting appeals to Congress,
as she permitted them in all cases of the capture of the enemy’s
vessels.[520]
Public-domain text, read in full here on John Shaqi.
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