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"It further appears to your Committee that orders have been issued in His Majesty's name to the commanders of ships-of-war, "to proceed as in the case of actual rebellion against such of the sea-port towns, and places being accessible to the King's ships, in which any troops shall be raised, or military works erected," under colour of which said orders, the commanders of His Majesty's said ships-of-war have already burned and destroyed the flourishing and populous town of Falmouth, and have fired upon, and much injured several other towns within the United Colonies, and dispersed at a late season of the year, hundreds of helpless women and children, with a savage hope, that those may perish under the approaching rigours of the season, who may chance to escape destruction from fire and sword, a mode of warfare long exploded amongst civilized nations.
"It, also, appears to your Committee, that the good people of these Colonies, sensibly affected by the destruction of their property, and other unprovoked injuries, have at last determined to prevent, as much as possible, a repetition thereof, and to procure some reparation for the same, by fitting out armed vessels and ships of force. In the execution of which commendable designs, it is possible that those who have not been instrumental in the unwarrantable violences above-mentioned may suffer, unless some laws be made to regulate, and tribunals erected competent to determine the propriety of captures, whereupon, your Committee came to the following Resolutions:
"'1st. 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.
"'2d. On motion made, and the question put,
"'Resolved, That the second article or resolution be recommitted. The same (as brought in and agreed to the 19th December,) is as follows:
"'Resolved, 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 hereafter shall be within any of the United Colonies, or any goods, wares, or merchandise, for the use of such fleet or armies, shall be liable to seizure, and with their cargoes shall be confiscated.
"' 3d. That no master, or commander of any vessel shall be entitled to cruise for, 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.
"'4th. That it be, and it is hereby recommended to the several Legislatures in 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.
"'5th. That all prosecutions shall be commenced in the Court of that Colony in which the capture 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 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, the remaining two-thirds to the use of the said Colony; and where the vessels so employed shall he 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 Colonies, or Continent, as the case may be; the necessary charges of condemnation of all prizes being deducted before any distribution is made.
"'8th. That the captures heretofore made by vessels fitted out at the Continental charge were justifiable, and that the distribution of the captors' share of the prizes by General Washington be confirmed.
"'Resolved, That in case of recaptures, the recaptors ought to 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 the possession of the enemy twenty-four hours; one-fifth part if more than twenty-four and less than forty-eight hours; one-third part if more than forty-eight, and less than ninety-six hours, and one-half if more than ninety-six hours, unless the vessel shall, after the capture, have been legally condemned as a prize by some Court of Admiralty, in which case the recaptor ought to have the whole; in all which cases the share retained, or prizes to be divided between the owners, of the vessel making the recapture, the Colony, or the Continent, as the case may be, and the captors, agreeable to a former resolution.
"'Resolved, That in the present situation of affairs it will be very dangerous to the liberties and welfare of America, if any Colony should, separately, petition the King or either House of Parliament,'"
"In Congress, December 11, 1775.
"Resolved, That the Selectmen of the town of Sherbourn, in Nantucket, prepare an estimate of the quantity of Fuel and Provisions necessary for the use of the inhabitants of said Island, and lay it before three or more Justices of the Peace for the County of Barnstable, in the Colony of Massachusetts-Bay, attested by the oath or affirmation of the said Selectmen, and that the said Justices be empowered to grant licenses under their hands to any master or owner of vessels in the said Island to import Fuel and Provisions from the Colonies of Massachusetts-Bay, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, Lower Counties on Delaware, or Maryland, not exceeding the quantities specified in said estimate."
"December 26, 1775.—Whereas, an estimate hath lately been formed of the publick expense already arisen, and which may accrue in defence of America, to the 10th day of June next, in pursuance whereof, this Congress on the 24th day of November, resolved, that a further sum pf three millions of Dollars be emitted in Bills of Credit:
"Resolved, therefore, That the Thirteen United Colonies be pledged for the Bills of Credit so directed to be emitted; that each Colony provide ways and means to sink its proportion of the said bills in such manner as may be most effectual and best adapted to the condition, circumstances, and equal mode of levying taxes in each Colony. That the proportion or quota of each respective Colony be determined according to the number of inhabitants of all ages, including negroes and mulattoes in each Colony.
"That it be recommended to the several Assemblies;, Conventions, or Councils, or Committees of Safety of the respective Colonies to ascertain by the most impartial and effectual means in their power, the number of inhabitants in each respective Colony, taking care that the lists be authenticated by the oaths of the several persons who shall be intrusted with this service; and that the said Assemblies, Conventions, Councils, or Committees of Safety do respectively lay before this Congress a return of the number of inhabitants of their respective Colonies as soon as the same shall be procured.
"That each Colony pay its respective quota in four equal
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