RESOLVED, therefore, 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 purposes hereinafter mentioned.

2. 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, or any goods, wares or merchandize for the use of such fleet or army, shall be liable to seizure and with their cargoes shall be confiscated.

3. THAT no Master or Commander of any vessel shall be entitled to cruize from 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.

4. THAT it be and is hereby recommended to the several legislatures of 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 be 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.

5. 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 regulation 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 harbor of the same.

6. THAT in all cases an appeal shall be allowed to the Congress, or such person or persons as they shall appoint for the trials of appeals; provided the appeal be demanded within

five days after the 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.

7. THAT when any vessel or vessels shall be fitted out at the expence 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 captures 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 distribution made.

DECEMBER 5.

RESOLVED, That, in cases of recapture, the re-captors have and retain in lieu of salvage one eighth part of the true value of the vessel and cargo or either of them, if the same hath or have been in possession of the enemy twenty-four hours; one fifth part, if more than twenty-four hours and less than fortyeight hours; one third part, if more than forty-eight hours and less than ninety-six hours, and one half if more than ninetysix hours, unless the vessel shall after the capture have been legally condemned as prize by some Court of Admiralty, in which case the re-captors to have the whole; in all which cases the share detained or prize to be divided between the owners of the ship making the re-capture, the Colony or the Continent as the case may be, and the captors agreeable to a former resolution.

DECEMBER 20.

RESOLVED, That the several vessels heretofore taken and carried into Massachusetts Bay by the armed vessels in the service of the United Colonies, be proceeded against by the rules of the law of nations, and libelled in the Courts of Admiralty erected in said Colony.

MARCH 23, 1776.

WHEREAS the petitions of the United Colonies to the King for the redress of great and manifold grievances have not only been rejected but treated with scorn and contempt and the opposition to designs evidently formed to reduce them to a state of servile subjection, and their necessary defence against hostile forces actually employed to subdue them, declared rebellion; and whereas an unjust war hath been commenced against them, which the commanders of the British fleets and armies have prosecuted and still continue to prosecute with their utmost vigor, and in a cruel manner, wasting, spoiling, and destroying the country, burning houses and defenceless towns, and exposing the helpless inhabitants to every misery from the inclemency of the winter and not only urging savages to invade the country, but instigating negroes to murder their masters; And Whereas the Parliament of Great Britain hath lately passed an act, affirming these Colonies to be in open rebellion, forbidding all trade and commerce with the inhabitants thereof, until they shall accept pardons and submit to despotic rule, declaring their property wherever found upon the water liable to seizures and confiscation, and enacting that what had been done there, by virtue of the royal authority, were just and lawful acts, and shall be so deemed; from all of which it is manifest, that the iniquitous Scheme, concerted to deprive them of the liberty they have a right to by the laws of nature and the English constitution, will be pertinaciously pursued: It being therefore necessary to provide for their defence and security, and justifiable to make reprisals upon their enemies, and otherwise to annoy them according to the laws and usages of nations, the Congress trusting that such of their friends in Great Britain (of whom it is confessed there are

many entitled to applause and gratitude for their patriotism and benevolence, and in whose favour a discrimination of property cannot be made) as shall suffer by captures, will impute it to the authors of our common calamaties, DO DECLARE and RESOLVE as followeth, to wit.

RESOLVED, That the inhabitants of these Colonies be permitted to fit out armed vessels to cruise on the enemies of these United Colonies.

RESOLVED, That all Ships and vessels, their tackle, apparel and furniture, and all goods, wares and merchandizes, belonging to any inhabitant or inhabitants of Great Britain taken on the high seas or between high and low water mark, by any armed vessel fitted out by any private person or persons, and to whom commissions shall be granted, and being libelled and prosecuted in any Court erected for the trial of Maritime affairs in any of these Colonies, shall be deemed and adjudged to be lawful prize, and after deducting and paying the wages of the seamen and mariners on board of such captures as are merchant ships and vessels, shall be condemned to and for the use of the owner or owners, and the officers, marines and mariners of such armed vessel, according to such rules and proportions as they shall agree on; provided always that this resolution shall not extend to any vessel bringing settlers, arms, ammunition, or warlike stores to and for the use of these Colonies, or any of the inhabitants thereof, who are friends to the American Cause, or to such warlike stores or to the effects of such settlers.

RESOLVED, That all ships or vessels, with their tackle, apparel and furniture, goods, wares and merchandizes, belonging to any inhabitant of Great Britain as aforesaid, which shall be taken by any of the vessels of war of these United Colonies, shall be deemed forfeited, one third, after deducting and paying the wages of seamen and mariners as aforesaid, to the officers and men on board, and two thirds to the use of the United Colonies.

RESOLVED, That all Ships and vessels, with their tackle, apparel, and furniture, goods, wares and merchandizes belonging to any inhabitants of Great Britain as aforesaid, which shall be taken by any vessel of war fitted out by and at the expence of any of the United Colonies, shall be deemed for

feited, and divided, after deducting and paying the wages of seamen and mariners as aforesaid, in such manner and proportions as the Assembly or Convention of such Colony shall direct.

RESOLVED, That all vessels, with their tackle, apparel and furniture and cargoes, belonging to the inhabitants of Great Britain as aforesaid, and all vessels which may be employed in carrying supplies to the ministerial armies, which shall happen to be taken near the shores of any of these Colonies, by the people of the country or detachments from the army, shall be deemed lawful prize, and the Court of Admiralty within said Colony is required on condemnation thereof to adjudge that all charges and expences which may attend the capture and trial, be first paid out of the monies arising from the sales of the prize, and the remainder equally divided among those, who shall have been actually engaged and employed in taking the said prize. Provided that where any detachments of the army shall have been employed as aforesaid, their part of the prize money shall be distributed among them in proportion to the pay of the officers and soldiers so employed.

APRIL 3, 1776.

RESOLVED, That blank commissions for private Ships of War and letters of marque and reprisal, signed by the President, be sent to the General Assemblies, Conventions and Councils or Committees of Safety of the United Colonies, to be by them filled up and delivered to the persons intending to fit out such private Ships of War for making captures of British vessels and cargoes, who shall apply for the same and execute the bonds, which shall be sent with the said commissions, which bonds shall be returned to the Congress.

RESOLVED, That every person intending to set forth and fit out a private ship or vessel of war, and applying for a commission or letters of marque and reprisal for that purpose, shall produce a writing subscribed by him, containing the name and tonnage or burthen of the ship or vessel, the number of her guns with their weight of metal, the name and place of residence of the owner or owners, the names of the commander