5th. 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 resolution 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 harbour of the same.

6th. That in all cases an appeal shall be allowed to the Congress, or such person or persons as they shall appoint for the trial of appeals, provided the appeal be demanded within five days after 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.

7th. That when any vessel or vessels shall be fitted out at the expense 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 capture 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.

8th. That the captures heretofore made by vessels fitted out at the continental charge were justifiable, and that the distribution of the captor's share of the prizes by general Washington, be confirmed, which is as follows:

Resolved, That that part of general Washington's letter of the 11th instant, respecting the capture of a vessel by the inhabitants of New-Hampshire, be referred to the committee, who brought in the foregoing report.

The Congress next took into consideration the rules and orders for the fleet of the United Colonies, but not having time to finish them,

Resolved, That the farther consideration of them be deferred till Monday next. The orders of the day being renewed,

Adjourned to ten o'clock on Monday.

MONDAY, November 27, 1775.

A report prevailing that young Mr. Skene, who was a prisoner in Connecticut, has made his escape,

Resolved, That the delegates of Connecticut be a committee to enquire into the truth of that report.

Resolved, That orders issue to lord Sterling to collect the troops which were raised in New-Jersey (except the six companies which have been ordered to the fortresses on Hudson's river) and to place them in barracks in the eastern division of New-Jersey, as contiguous to New-York as can be, there to remain till further orders from Congress.

Resolved, That a letter be written to the convention of New-York, request. ing them to use their utmost endeavours to furnish the troops raised in NewJersey for the defence of New-York, with as many arms as they can spare.

The Congress then proceeded to the choice of an adjutant and quartermaster for the battalion raised in the western division of New-Jersey, when Mr. Ephraim Anderson was elected adjutant, and Mr. Buddel Shin, quarter

master.

Resolved, That the troops in the service of the continent be supplied with fuel and bedding at the expense of the continent.

Resolved, That an order for 3000 dollars be drawn on the treasurers, in favour of the committee of safety of Pennsylvania, to be applied towards the pay of the battalion raised in said colony, the committee to account for the expenditure of the same.

A letter from general Washington of the 19th instant, enclosing a copy of a letter from colonel Arnold, of the 27th October, being received, was read.

The Congress then resumed the consideration of the report of the committee on the disputes between the people of Connecticut and Pennsylvania, and after debate,

Resolved, That the same be recommitted, and that it be an instruction to the committee to hear evidence on the possession and jurisdiction of the lands in dispute, and reduce to writing such parts of the evidence as they shall think proper.

As three of the committee are absent, viz. Mr. J. Rutledge, Mr. Chase, and Mr. Kinsey,

Resolved, That three members be elected in their stead.

The members chosen, Mr. Wythe, Mr. Jay, and Mr. Hooper.

The several matters to this day referred, being postponed,

Adjourned to ten o'clock to-morrow.

The Congress resumed the consideration of the rules and orders for the navy of the United Colonies, and the same being debated by paragraphs, were agreed to as follows:

Rules for the regulation of the navy of the United Colonies.

The commanders of all ships and vessels belonging to the thirteen United Colonies, are strictly required to shew in themselves a good example of honor and virtue to their officers and men, and to be very vigilant in inspecting the behaviour of all such as are under them, and to discountenance and suppress all dissolute, immoral, and disorderly practices, and also such as are contrary to the rules of discipline and obedience, and to correct those who are guilty of the same, according to the usage of the sea.

The commanders of the ships of the thirteen United Colonies, are to take care that divine service be performed twice a day on board, and a sermon preached on Sundays, unless bad weather or other extraordinary accidents prevent.

If any shall be heard to swear, curse, or blaspheme the name of God, the commander is strictly enjoined to punish them for every offence, by causing them to wear a wooden collar, or some other shameful badge of distinction, for so long time as he shall judge proper. If he be a commissioned officer, he shall forfeit one shilling for each offence, and a warrant or inferior officer six He who is guilty of drunkenness, if a seaman, shall be put in irons until he is sober, but if an officer, he shall forfeit two days' pay.

pence.

No commander shall inflict any punishment upon a seaman beyond twelve lashes upon his bare back, with a cat of nine tails; if the fault shall deserve a greater punishment, he is to apply to the commander in chief of the navy, in VOL. I.

24

order to the trying of him by a court martial, and in the mean time, he may put him under confinement,

The commander is never by his own authority to discharge a commission or warrant officer, nor to punish or strike him, but he may suspend or confine them, and when he comes in the way of a commander in chief, apply to him for holding a court martial.

The officer who commands by accident of the captain or commander's absence (unless he be absent for a time by leave) shall not order any correction, but confinement, and upon the captain's return on board, he shall then give an account of his reasons for so doing.

The captain is to cause the articles of war to be hung up in some public place of the ship, and read to the ship's company once a month.

Whenever a captain shall inlist a seaman, he shall take care to enter on his books the time and terms of his entering, in order to his being justly paid.

The captain shall, before he sails, make return to, and leave with the Congress, or such person or persons as the Congress shall appoint for that purpose, a complete list of all his officers and men, with the time and terms of their entering; and during his cruize shall keep a true account of the desertion or death of any of them, and of the entering of others, and after his cruize, and before any of them are paid off, he shall make return of a complete list of the same, including those who shall remain on board his ship.

The men shall, at their request, be furnished with slops that are necessary by the captain or purser, who shall keep an account of the same, and the captain, in his return in the last mentioned article directed to be made, shall mention the amount delivered to each man, in order to its being stopped out of his pay.

As to the term "inferior officer," the captain is to take notice that the same does not include any commission nor any warrant officer, except the second master, surgeon's mate, cook, armorer, gun-smith, master at arms, and sailmaker.

The captain is to take care when any inferior officers or volunteer seamen are turned over into the ship under his command from any other ship, not to rate them on the ship's books in a worse quality, or lower degree or station, than they served in the ship they were removed from; and for his guidance he is to demand from the commander of the ship from which they are turned over, a list, under his hand, of their names and qualities.

Any officer, seaman, or others, entitled to wages or prize money, may have the same paid to his assignee, provided the assignment be attested by the captain or commander, the master or purser of the ship, or a chief magistrate of some county or corporation.

The captain is to discourage the seamen of his ship from selling any part of their wages or shares, and never to attest the letter of attorney of any seaman, until he is fully satisfied that the same is not granted in consideration of money given for the purchase of his wages or shares.

When any inferior officer or seaman dies, the captain is forthwith to make out a ticket for the time of his service, and to send the same by the first safe conveyance to the Congress, or agents by them for that purpose appointed, in order to the wages being forthwith paid to the executors or administrators of the deceased.

A convenient place shall be set apart for sick or hurt men, to which they are to be removed, with their hammocks and bedding, when the surgeon shall advise the same to be necessary, and some of the crew shall be appointed to attend and serve them, and to keep the place clean.

The cooper shall make buckets with covers and cradles, if necessary, for their use.

All ships furnished with fishing tackle, being in such places where fish is to be had, the captain is to employ some of the company in fishing; the fish to be

distributed daily to such persons as are sick or upon recovery, provided the surgeon recommend it, and the surplus, by turns amongst the messes of the officers and seamen gratis, without any deduction of their allowance of provisions on that account.

It is left to the discretion of commanders of squadrons, to shorten the allowance of provisions according to the exigence of the service, taking care that the men be punctually paid for the same.

The like power is given to captains of single ships in cases of absolute necessity.

If there should be a want of pork, the captain is to order three pounds of beef to be issued to the men, in lieu of two pounds of pork.

One day in every week shall be issued out a proportion of flour and suet, in lieu of beef, for the seamen, but this is not to extend beyond four months' victualling at one time, nor shall the purser receive any allowance for flour or suet kept longer on board than that time, and there shall be supplied, once a year, a proportion of canvass for pudding-bags, after the rate of one ell for every six

teen men.

If any ships of the thirteen United Colonies, shall happen to come into port in want of provisions, the warrant of a commander in chief shall be sufficient to the agent or other instrument of the victualling, to supply the quantity wanted, and in urgent cases where delay may be hurtful, the warrant of the captain of the ship shall be of equal effect.

The captain is frequently to order the proper officers to inspect the condition of the provisions, and if the bread proves damp, to have it aired upon the quarter deck or poop, and also examine the flesh cask, and if any of the pickle be leaked out, to have new made and put in, and the cask made tight and secure. The captain or purser shall secure the clothes, bedding, and other things of such persons as shall die or be killed, to be delivered to their executors or administrators.

All papers, charter parties, bills of lading, passports, and other writings whatsoever, found on board any ship or ships, which shall be taken, shall be carefully preserved, and the originals sent to the court of justice for maritime affairs, appointed or to be appointed by the legislatures in the respective colonies, for judging concerning such prize or prizes; and if any person or persons shall wilfully or negligently destroy or suffer to be destroyed, any such paper or papers, he or they so offending, shall forfeit their share of such prize or prizes, and suffer such other punishment, as they shall be judged by a courtmartial to deserve.

lf any person or persons, shall embezzle, or steal, or take away any cables, anchors, sails, or any of the ship's furniture, or any of the powder, arms, ammunition, or provisions of any ship belonging to the thirteen United Colonies, he or they shall suffer such punishment as a court-martial shall order.

When in sight of a ship or ships of the enemy, and at such other times as may appear to make it necessary to prepare for an engagement, the captain shall order all things in his ship in a proper posture for fight, and shall, in his own person, and according to his duty, heart on and encourage the inferior officers and men to fight courageously, and not to behave themselves faintly or cry for quarters, on pain of such punishment as the offence shall appear to deserve for his neglect.

Any captain or brother officer, mariner, or others, who shall basely desert their duty or station in the ship, and run away while the enemy is in sight, or, in time of action, shall entice others to do so, shall suffer death, or such other punishment as a court-martial shall inflict.

Any officer, seaman, or marine, who shall begin, excite, cause, or join in any mutiny or sedition in the ship to which he belongs, on any pretence whatsoever, shall suffer death, or such other punishment as a court-martial shall direct. Any person in or belonging to the ship, who shall utter any words of sedition

and mutiny, or endeavor to make any mutinous assemblies on any pretence whatsoever, shall suffer such punishment as a court-martial shall inflict.

None shall presume to quarrel with or strike his superior officer, on pain of such punishment as a court-martial shall order to be inflicted.

If any person shall apprehend he has just cause of complaint, he shall quietly and decently make the same known to his superior officer, or to the captain, as the case may require, who shall take care that justice be done him. There shall be no quarrelling or fighting between ship-mates on board any ship belonging to the thirteen United Colonies, nor shall there be used any reproachful or provoking speeches, tending to make quarrels and disturbance, on pain of imprisonment, and such other punishment, as a court-martial shalĺ judge proper to inflict.

If any person shall sleep upon his watch, or negligently perform the duty which shall be enjoined him to do, or forsake his station, he shall suffer such punishment as a court-martial shall judge proper to inflict, according to the nature of his offence.

All murder shall be punished with death.

All robbery and theft shall be punished at the discretion of a court-martial. Any master at arms who shall refuse to receive such prisoner or prisoners, as shall be committed to his charge, or having received them, shall suffer him or them to escape, or dismiss them without orders for so doing, shall suffer in his or their stead, as a court-martial shall order and direct.

The captains, officers, and others, shall use their utmost endeavors to detect, apprehend, and bring to punishment, all offenders, and shall at all times readily assist the officers appointed for that purpose in the discharge of their duty, on pain of being proceeded against, and punished by a court-martial at dis

cretion.

All other faults, disorders, and misdemeanors, which shall be committed on board any ship belonging to the thirteen United Colonies, and which are not herein mentioned, shall be punished according to the laws and customs in such

cases at sea.

A court-martial shall consist of at least three captains and three first lieutenants, with three captains and three first lieutenants of marines, if there shall be so many of the marines then present, and the eldest captain shall preside.

All sea officers of the same denomination shall take rank of the officers of marines.

Every member of a court-martial shall take the following oath, viz :

You

swear that you will well and truly try, and impartially determine the cause of the prisoner now to be tried, according to the rules of the navy of the United Colonies. So help you God: which oath shall be administered by the president to the other members, and the president shall himself be sworn by the officer in said court next in rank.

All witnesses, before they may be admitted to give evidence, shall take the following oath :

"You swear the evidence you shall give, in the cause now in hearing, shall be the truth, the whole truth, and nothing but the truth." So help you God. The sentence of a court-martial for any capital offence, shall not be put in execution, until it be confirmed by the commander in chief of the fleet; and it shall be the duty of the president of every court-martial, to transmit to the commander in chief of the fleet, every sentence which shall be given, with a summary of the evidence and proceedings thereon, by the first opportunity.

The commander in chief of the fleet, for the time being, shall have power to pardon and remit any sentence of death, that shall be given in consequence of any of the aforementioned articles.

There shall be allowed to each man serving on board the ships in the service of the thirteen United Colonies, a daily proportion of provisions, according as is expressed in the following table, viz.