The Navy of the American Revolution : $b Its administration, its policy, and its achievements — John Shaqi
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
Moved by the need for a proper judicial tribunal to try the prize
cases arising from captures made by his vessels, Washington on
November 11, 1775, wrote to Congress on the subject. He enclosed in
his letter a copy of the Massachusetts law establishing admiralty
courts, and explained that this law did not apply to the captures
made by Continental vessels. “Should not a court,” he asked, “be
established by authority of Congress, to take cognizance of prizes
made by the Continental vessels? Whatever the mode is, which they
are pleased to adopt, there is an absolute necessity of its being
speedily determined on, for I can not spare time from military
affairs to give proper attention to these matters.” As early as
October 5 Washington had requested the “determination of Congress,
as to the property and disposal of such vessels and cargoes, as
are designed for the supply of the enemy, and may fall into our
hands.” On November 8 he called the attention of Congress to the
same subject. On December 4 and December 14 he again urged Congress
to establish a Continental prize court.[61] Finally, on December
20 Congress resolved that the several vessels heretofore carried
into Massachusetts by the armed vessels in the service of the United
Colonies should be “proceeded against by the rules of the law of
nations, and libelled in the courts of admiralty erected in said
colony.”[62] The method of procedure which Congress here established
was followed throughout the Revolution in all prize cases arising
from captures made by Continental vessels. Congress permitted the
states to exercise original jurisdiction in all Continental prize
cases, and reserved to itself appellate jurisdiction, so far as it
had power to do so.
It is recalled that Congress, on November 25, 1775, having under
consideration the report of a committee on Washington’s letter of
November 8, determined the kinds of British property which should
be subject to capture, fixed the shares of prizes, and established
certain forms of procedure in the trial of prize cases.[63] The lack
of correspondence between these resolutions and the Massachusetts
law of November 1, establishing admiralty courts, caused long
and serious delays in bringing the Continental prizes to trial.
Washington, on April 25, 1776, wrote from New York: “I have not yet
heard, that there has been any trial of the prizes carried into
Massachusetts Bay. This procrastination is attended with very bad
consequences. Some of the vessels I had fitted out are now laid up,
the crews being dissatisfied that they cannot get their prize money.
I have tired the Congress on this subject, but the importance of it
makes me again mention, that, if a summary way of proceeding is not
resolved on, it will be impossible to get our vessels manned.”[64]
Public-domain text, read in full here on John Shaqi.
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