the proceedings of courts-martial, when any shall be had, previous to the execution of any capital sentence, that shall be by such court-martial awarded; to the end, that Congress may extend their mercy to such offenders as they may judge to be proper objects thereof.

"Resolved, That these resolves continue in force one year from the date hereof, and no longer."

From the following, of the 9th, it appears there was no scarcity of naval officers, during the revolution.

"Whereas, there are more captains in the navy, than there are ships provided for them :

"Ordered, That the committee for foreign affairs, write to the commissioners of the United States at foreign courts, and inform them, that Congress expect they will not recommend any foreign sea officers, nor give any of them the least expectation of being employed as captains in the navy of the United States.*

On the same day the following Proclamation passed:

"A Proclamation.Whereas, Congress have received information and complaints "that violences have been done by American armed vessels to neutral nations, in seizing ships belonging to their subjects and under their colours, and in making captures of those of the enemy whilst under the protection of neutral coasts, contrary to the usage and custom of nations:" to the end; that such unjustifiable and piratical acts, which reflect dishonour upon the national character of these states, may be in future effectually prevented, the said Congress hath thought proper to direct, enjoin and command, and they do hereby direct, enjoin and command, all captains, commanders, and other officers and seamen belonging to any American armed vessels, to govern themselves strictly in all things agreeably to the tenor of their commissions, and the instructions and resolutions of Congress; particularly that they pay a sacred regard to the rights of neutral powers and the usage and custom of civilized nations, and on no pretence whatever presume to take or seize any ships or vessels belonging to the subjects of princes or powers in alliance with these United States, except they are employed in carrying contraband goods or soldiers to our

* Journals of Congress, vol. 4, p. 198.

enemies, and in such case that they conform to the stipulations contained in the treaties subsisting between such princes or powers and these states; and that they do not capture, seize or plunder any ships or vessels of our enemies, being under the protection of neutral coasts, nations or princes, under the penalty of being condignly punished therefor, and also of being bound to make satisfaction for all matters of damage and the interest thereof by reparation, under the pains and obligation of their persons and goods. And further, the said Congress doth hereby resolve and declare, that persons wilfully offending in any of the foregoing instances, if taken by any foreign powers in consequence thereof, will not be considered as having a right to claim protection from these states, but shall suffer such punishment as by the usage and custom of nations may be inflicted upon such offenders.

Given in Congress, at York, in the state of Pennsyl

vania, this 9th day of May, Anno Domini 1778." On the 29th of May. the marine committee reported, "That they have conversed with captain Landais, an experienced sea officer, and skilled in the construction of ships of war; and that he has demonstrated to their satisfaction, that the 74 gun ship now on the stocks at Portsmouth, in New-Hampshire, may be more profitably for the public, constructed a two decker, carrying twentyeight 24 pounders upon the lower battery, and twentyeight 18 pounders on the upper deck; in the whole 56 guns: whereupon,

"Resolved, That the ship heretofore intended for one of 74 guns, be constructed to carry 56 guns only, upon two batteries, that is to say, twenty-eight 24 pounders upon the lower deck, and twenty-eight 18 pounders upon the upper deck.

"Resolved, That the new continental frigate built at Salisbury, in the state of Massachusetts-Bay, and lately lanched, be called, The Alliance."*

6

On the 25th of June, the navy board in the eastern department were directed to have built and to man three large gallies for the defence of Providence, Warren, and Taunton rivers, or to procure three suitable vessels for

* Journals of Congress, vol. 4, p. 230.

that purpose, provided the council of war of Rhode-Island and general Sullivan should judge the measure to be expedient.

The appearance at this time of the French fleet, destined to co-operate with the Americans, off the coast, raised the hopes of the people, and animated Congress to every exertion, for bringing the war to a speedy conclu. sion. On the 11th of July it was resolved, "That the marine committee be directed to order the commissioners of the navy to the eastward, to fit out as many continental frigates and armed vessels as possible, with the utmost despatch, to join the French squadron in their operations against the enemy."

On the 30th of July, it was resolved, "That the commissary general of prisoners be directed to engage in the continental service all, or as many as he can, of the seamen sent from New-York by admiral Gambier, who shall appear to be effective or likely to be soon fit for service; and that he furnish such as will so engage, with the means of travelling to Boston, where they are to be delivered to the commissioners of the navy for the eastern district, to be shipped on board the continental vessels of war fitting out at that port:

"That the said commissioners be authorised to make such advances to these seamen as is usual in the port of Boston, making reasonable deductions for the expenses to that place; provided always, that this resolution shall not extend so as to prevent any particular state from applying in New-Jersey for such of the seamen as belong

to such state."

On the 19th of August, it was resolved, "That the respective navy boards be authorised and empowered to appoint and constitute courts of inquiry and courts martial, under the direction of the marine committee, to examine and determine all offences and misdemeanors in the marine department, according to law martial, in the same manner as by a resolve of the 6th of May last, is prescribed in certain cases therein mentioned; and that this resolve continue in force until the 6th day of May next, and no longer."

* Journals of Congress, vol. 4, p. 346.

On the same day it was also resolved, "That application be made to his excellency the count d'Estaign, vice admiral of France, to purchase of him all such prize ships and other vessels which he may take on the coasts of these states, as he may not choose to retain in his hands or send into port:

"That the marine committee take proper measures to execute this resolution, and make monthly reports to Congress, of the several vessels that may be so purchased, and the cost thereof.

"Resolved, That the marine committee be instructed to stipulate for the payment of such vessels as shall be so purchased in continental currency or provisions."

On the 10th of December, The marine committee, to whom was referred the memorial from the honourable minister plenipotentiary of France, brought in a report, whereupon

"Resolved, That the President be directed to inform the minister of France, that Congress highly approve his wise attention to the depriving the common enemy of the naval stores they stand in need of, by giving a premium to privateers for the purposes mentioned in his memorial. "Resolved, That such continental vessels of war as shall capture any of the enemy's vessels, laden with masts or any other naval stores, bound from any part of Nova Scotia to Rhode Island or New-York, shall be entitled to the whole of the capture."

The transactions which occasioned the following report and spirited resolutions are particularly interesting, from the long litigation to which they gave rise, between the United States and Pennsylvania, and from the very serious consequences that attended a final determination, namely, Pennsylvania opposing by force of arms the execution of a judicial sentence. Fortunately, however, no blood was shed, and the affair was permitted to die away. The case was this. In the night of the 6th of September, 1778, Gideon Olmstead, then a prisoner on board the armed sloop Active, bound to New-York, prevailed on three of the seamen to assist him in taking the command of the sloop, from the captain and the rest of the crew, and to carry her into an American port. They succeeded in securing the captain and crew under deck, and in

tended to run the sloop into Egg-Harbour. A contest for the command of the vessel ensued between those under, and those on deck. On the 8th of September the sloop was boarded by the brigantine Convention, fitted out by the state of Pennsylvania, and commanded by captain Thomas Houston. In a very short time after the privateer sloop Le Gerard, of Philadelphia, commanded by captain James Josiah, hove in sight. The prize was brought into the port of Philadelphia, and libelled in the court of admiralty of the state, on the 14th of September. Captain Houston, for the state, himself and crew, claimed one half; captain Josiah one fourth; thus leaving one fourth for the persons who rose upon the crew. These last, however, claimed the whole, declaring they had risen on the captain and crew, had confined them in the cabin, and assumed the sole command of the sloop, with which they were proceeding to Egg-Harbour, having subjected and reduced the captain and crew, when the sloop was seized by the Convention. On the trial which ensued it was decreed, in pursuance to the verdict of a jury, “one fourth part of the net proceeds of the sloop Active and her cargo to the first claimants (Gideon Olmstead and others), and three-fourth parts of the net proceeds of the sloop and her cargo to the said libellant (captain Houston) and the second claimant (captain Josiah), as per agree. ment between them." From this decree Olmstead and his associates appealed to the committee of appeals appointed by Congress. The court of appeals reversed the decree of the state, and adjudged the Active and all her cargo to the sole use of the appellants. The judge of the state admiralty court was of opinion that the court of ap peals had no authority to set aside the verdict of a jury. He therefore ordered the marshal to sell the Active and her cargo, and bring the proceeds into his court, which, as respected the cargo, was complied with on the fourth of January, 1779.

On the 6th of March, 1779, "The committee, consisting of Mr. Floyd, Mr. Ellery, and Mr. Burke, to whom was referred the report of the committee on the appeals of January 19th, 1779, having in pursuance of the instructions to them given, examined into the causes of the refusal of the judge of the court of admirality for the state