IN CONGRESS
Wednesday, April 3, 1776
INSTRUCTIONS : TO THE COMMANDERS OF PRIVATE SHIPS OR VESSELS OF WAR, WHICH SHALL HAVE COMMISSIONS OR LETTERS OF MARQUE AND REPRISAL, AUTHORISING THEM TO MAKE CAPTURES OF BRITISH VESSELS AND CARGOES.
- YOU may, by Force of Arms, attack, subdue, and take all ships and other Vessels belonging to the Inhabitants of Great Britain, on the High Seas, between high-water and low-water marks, except Ships and Vessels bringing Persons who intend to settle and reside in the united Colonies, or bringing Arms, Ammunition and War-like Stores to the said Colonies, for the use of such Inhabitants thereof that are Friends to the American Cause, which you shall suffer to pass unmolested, the Commanders thereof permitting a peaceable Search, and giving satisfactory Information of the Contents of the landings, and Destination of the Voyages.
- You may, by Force of Arms, attack, subdue, and take all Ships and their Vessels whatsoever carrying Soldiers, Arms, Gun-powder, Ammunition, Provisions, or any other contraband Goods, to any of the British Armies or Ships of War employed against these Colonies.
III. You shall bring such Ships and Vessels you shall take, with their Guns, Rigging, Tackle, Apparel, Furniture and landings to some convenient Port or Ports of the United Colonies, that Proceedings may thereupon be had in due Form before the Courts which are or shall be there appointed to hear and determine Causes civil and maritime.
- You or one of your Chief Officers shall bring or send the master and Pilot and one or more principal Person or persons of the Company of every Ship or Vessel by you taken, as soon after the Capture as may be, to the Judge or Judges of such Court aforesaid, to be examined upon Oath, and make Answer to the Interrogatories which may be propounded touching the Interest or property of the Ship or Vessel, and her Lading; and at the same Time you shall deliver or cause to be delivered to the Judge or Judges, all Passes, Sea-Briefs, Charter-Parties, Bills of Lading, Dockets, Letters, and other Documents and Writings found on Board, proving the said Papers by the Affidavit of yourself, or some other Person present at the Capture, to be produced as they were received, without Fraud, Addition, Subduction or Embezzlement.
- You shall keep and preserve every Ship or Vessel and Cargo by you taken, until they shall by Sentence of a Court properly authorised be adjudged lawful Prize, nor selling, spoiling, wasting or diminishing the same, or breaking the Bulk thereof, nor suffering any such Thing to be done.
- If you, or any of your Officers and Crew shall, in cold Blood, kill or maim, or, by Torture or otherwise, cruelly, inhumanely, and contrary to common Usage and the Practice of civilized nations of War, treat any person or persons surprized in the Ship or Vessel you shall take, the Offender shall be severely punished.
VII. You shall, by all convenient Opportunities, send to Congress written Accounts of the Captures you shall make, with the Number and names of the Captives, Copies of your Journal from Time to Time, and Intelligence of what may occur or be discovered concerning the Designs of the Enemy, and the Destination, Motions and Operations of their Fleets and Armies.
VIII. One Third, at the least, of your whole Company shall be land-Men.
- You shall not ransome any Prisoners or Captives, but shall dispose of them in such a manner as the Congress, or if that be not fitting in the Colony whither they shall be brought, as the General Assembly, Convention, or Council, or Committee of Safety of such Colony shall direct.
- You shall observe all such further Instructions as Congress shall hereafter give in the premises, when you shall have Notice thereof.
- If you shall do any Thing contrary to the Instructions, or to others hereafter to be given, or willingly suffer such Thing to be done, you shall not only forfeit your Commission, and be liable to an Action for Breach of the Condition of your Bond, but be responsible to the party grieved for damages sustained by such Mal-versation.
BY ORDER OF CONGRESS
PRESIDENT
