It is believed that this ordinance was entirely the work of Congress.

Indeed, it soon appeared that there was at least one provision,

the giving of the whole of certain prizes to captors on board of

Continental vessels, which the Agent of Marine disapproved. In June,

1782, Morris made a report to Congress in which he showed that,

owing to the government’s liberality to its officers and seamen,

it had lost ten thousand dollars on the late successful cruise of

the frigate “Deane,” during which she had captured five prizes of

considerable value. He thought that wages, bounties, and one-half of

prizes were quite sufficient inducements for manning the fleet. In

all cases, however, in which the capture of a vessel of the enemy

was especially meritorious, Morris would have Congress encourage and

stimulate effort and merit in the navy by giving the captors, by a

special act of Congress, the whole of their prizes. On July 10, 1782,

Congress passed an ordinance embodying Morris’s recommendations.[291]

When Morris, on September 7, 1781, became Agent of Marine, the

direction of the movements of the Continental vessels was vested in

him, but with a serious limitation; he was authorized to employ the

armed cruisers “according to such instructions as he shall, from time

to time, receive from Congress.” Morris could never abide indefinite

grants of power which confused authority; and he therefore, by means

of a cleverly written letter, elicited a resolution from Congress

giving him full power “to fit out and employ the ships of war

belonging to these United States, in such manner as shall appear

to him best calculated to promote the interest of these United

States.”[292]

When Morris fell heir to the duties of the Naval Department, in the

summer of 1781, the Continental navy was reduced to small numbers.

There were in active service only five captains and seven lieutenants

in the navy, and three captains and three lieutenants in the marine

corps. Including with these, those officers who were unemployed, were

in private service, were prisoners, or were on parole, there were

twenty-two captains and thirty-nine lieutenants in the navy, and

twelve captains and twelve lieutenants in the marine corps.[293] Only

three vessels were now in commission; the frigate “Trumbull,” 28, at

Philadelphia, and the “Alliance,” 36, and “Deane,” 32, at Boston. The

“America” and “Bourbon” were still on the stocks. About the first of

September, 1782, Morris purchased the ship “Washington,” 20, and in

October he took over into the Continental service in payment for a

debt the ship “Duc de Lauzun,” 20.

The movements of the fleet under Morris’s direction were marked, as

formerly, by bits of good and bad fortune, encounters with naval

ships, privateers, and merchantmen, and voyages to France and the

West Indies. From the summer of 1781 until the end of the war the

little fleet captured twenty prizes, some fifteen of which reached

safe ports. The last of his Majesty’s vessels to surrender to a

Continental ship was the schooner “Jackall,” 20, Commander Logie,

which was taken in the spring of 1782 by Captain Samuel Nicholson,

when in command of the “Deane,” or the “Hague,” as she was now

called. By a singular coincidence the first, and the last, valuable

prize captured by a Continental ship during the Revolution, were

taken by Captain John Manly. On one of the last days of November,

1775, he received the surrender of the brig “Nancy,” a transport; and

in January, 1783, while in command of the “Hague” he captured the

ship “Baille” of 340 tons burden, with a cargo consisting of sixteen

hundred barrels of provisions.[294]

One of the most interesting, varied, and fortunate cruises of the

war was made by Captain John Barry in the “Alliance,” 36, one of the

largest and best-built vessels of the Continental navy. Barry left

New London on August 4, 1782, and having visited the region of the

Bermudas, and the Grand Banks of Newfoundland, he sailed eastward

and overhauled a fleet of Jamaicamen, and arrived at L’Orient on

October 17. He had captured nine prizes, four of which he carried

into L’Orient. These four ships were Jamaicamen, and with their rich

cargoes of rum and sugar, they sold for £620,610, one of the largest

sums realized on any cruise during the Revolution. On December 8,

Captain Barry left France for the West Indies. Having made a call

at Madeira, Barry early in January, 1783, anchored at St. Pierre,

Martinique, where he found a letter from the Agent of Marine

ordering him to proceed to Havana and convoy the “Duc de Lauzun” to

Philadelphia. About the first of February the “Alliance” arrived

at Havana, after she had put into St. Eustatius and Cape Francois,

and had been chased by one fleet off Porto Rico and another off

Hispaniola. On account of the closing of the port of Havana, Barry

was detained here a month. After considerable correspondence with the

Governor of Havana, Barry on March 6 was permitted to sail with his

convoy, which had on board seventy-two thousand dollars in specie. On

March 10, 1783, Barry fell in with a British vessel, which is said

to have been the frigate “Sibylle,” 32, and he now fought the last

naval engagement of the Revolution. It lasted forty-five minutes,

ended indecisively, and resulted in the loss of ten men on board the

“Alliance;” the loss of the British is unknown. The two American

vessels now parted company, and each soon reached a safe port; the

“Alliance” arrived at Newport, Rhode Island, on March 20, and the

“Duc de Lauzun” anchored at Philadelphia on March 21. It was now

two months since the Preliminary Articles of Peace had been signed

at Versailles.[295] The naval movements of the Continental vessels

during the Revolution ended with the arrivals of these two vessels.

While Morris had the direction of the fleet, only one vessel was

captured by the enemy, and this before he became Agent of Marine. In

July, 1781, he ordered the “Trumbull,” 28, Captain James Nicholson,

to proceed to Havana with despatches, letters, and a cargo of flour.

The “Trumbull” had scarcely cleared the Capes of the Delaware, on

August 8, when she was chased by the frigate “Iris,” 32, Captain

George Dawson. Encountering a storm, the “Trumbull” was dismasted,

and thus crippled she was overtaken by the “Iris.” The “Trumbull’s”

crew were a sorry lot; some of them were British deserters, and

others were cowardly and disaffected. It was late in the evening when

the fight began. Many of the crew now put out their battle lanterns

and flew from their quarters. Captain Nicholson and his officers,

with a handful of seamen, bravely defended their ship against

impossible odds for an hour before they surrendered. Nicholson lost

sixteen men; two of his lieutenants were wounded. It is recalled that

the “Iris” was originally the “Hancock,” of the Continental navy, and

that she was the first of the thirteen original frigates to surrender

to the enemy. The “Iris” was a fast ship, and is said to have made

the fortunes of all the British captains that commanded her. It was

the irony of fate that the first of the thirteen frigates to be

captured should receive the surrender of the last remaining one. A

letter from New York, dated August 11, 1781, informs us that “this

day arrived the celebrated rebel frigate named the Trumbull.”[296]

The attempts of Morris, in 1782, to obtain an increase in the

naval force of Congress, form one of the most interesting and

characteristic parts of his naval work. The surrender of Cornwallis

on October 19, 1781, was not considered by many contemporaneous

Americans as an event that must necessarily end the Revolution.

Indeed, the final outcome of the war was in doubt for more than a

year. The Agent of Marine was too cautious and conservative to count

on peace before its actual accomplishment had been sealed by a formal

treaty. After the surrender of Cornwallis he not only continued to

send the Continental cruisers against the enemy, but whenever an

occasion presented, he vigorously urged on Congress the necessity

of a naval increase. To the mind of Morris the need of a navy in

1782 was greater than it had been at any previous time during the

Revolution. He conceived that up to this time Britain had attempted

to conquer the Colonies on land by means of her army; since she had

been defeated in this, it was now her purpose to starve the Colonies

into submission by means of her navy and superior sea-power. The

United States must meet the enemy’s change of tactics by building a

navy.

In April, 1782, Morris took steps to have the frigate “Bourbon”

completed. Congress was not convinced of the expediency of this, and

was inclined to sell the frigate in its unfinished state. Morris

wrote reprovingly to Congress that the most economical thing to do

was to complete the vessel; and that “there is also a degree of

Dignity in carrying through such measures as Congress have once

adopted, unless some change of circumstances renders the execution

improper.” He then added: “The present circumstances of the United

States I apprehend to be such as should induce our attention to the

re-establishment of a Naval Force, and altho’ former attempts have

proved unfortunate, we must not take it for granted that future

Essays will be unsuccessful. Altho’ the Naval Force of our enemy is

powerful, and their Ships Numerous, yet that Force is opposed by

equal Numbers, so as to give them much more employment than at the

time our infant Fleet was Crushed.”[297]

On May 10, 1782, in response to a request of Congress, Morris

submitted an exhaustive report on the state of American commerce.

Referring to the intentions of the British, he declared that having

been compelled to abandon the idea of conquest, their avowed design

was to annihilate the American commerce. The plans of the enemy could

be frustrated and the American trade protected by so small a fleet

as two ships of the line and ten frigates. The ships of the line,

together with two frigates, should be stationed in the Chesapeake, to

cruise as occasion might require. The frigates should be divided into

two equal squadrons, each of which should serve as a convoy of the

American trade between the United States and France. By each squadron

making two round trips a year, a quarterly communication both ways

between these two countries would be established. The United States

of course could not provide this service, but the ships which the

plan required might be detailed from the French or Spanish fleet.

“It is to be hoped,” Morris said, “that if the war continues much

longer, the United States will be able to provide the necessary force

for themselves, which at present they are not, tho’ if the above

arrangements take place, they might now provide for the trade from

America to the West Indies.” Congress authorized Morris to apply to

both Spain and France for the needed vessels.[298]

But a more extensive naval plan than this was in Morris’s mind,

and one which could be undertaken independent of foreign ships. On

July 30, 1782, he submitted to Congress an estimate for the public

services of the United States for the year 1783, amounting in all

to eleven millions of dollars. More than one-fifth of this sum was

to be spent on the navy. “Congress will observe,” he said, “that

the estimates for the Marine Department amount to two Millions and

a half, whereas there was no Estimate made for that Service in the

last year any more than for the civil list.” Morris based this most

remarkable recommendation for a naval increase on the belief that

the enemy had changed his mode of warfare, and that it was now his

purpose to annihilate the commerce of America, and thus starve her

into submission. With this sort of a campaign, conducted by the

enemy, an American army without a navy would be burdensome without

being able to accomplish anything. With a navy, we could prevent

the enemy from making predatory excursions, ruining our commerce,

and capturing our supplies; he would either be compelled to keep a

superior naval force in this country, which would give our allies a

naval superiority elsewhere; or else he must permit the balance of

naval strength in America to be on our side; in which latter case we

could protect our trade, annoy his commerce and cut off the supplies

which he would be sending to his posts in America. Then, concluded

Morris in words which remind one of the annual report of some recent

Secretary of the Navy asking for the yearly quota of battleships: “By

oeconomizing our Funds and constructing six ships annually we should

advance so rapidly to Maritime importance that our enemy would be

convinced not only of the Impossibility of subduing us, but also of

the Certainty that his forces in this Country must eventually be lost

without being able to produce him any possible Advantage;” and we

should in this way regain the “full Possession of our Country without

the Expence of Blood, or treasure, which must attend any other Mode

of Operations, and while we are pursuing those Steps which lead to

the Possession of our natural Strength and Defence.”[299]

The signing on November 30, 1782, of the Provisional Articles of

Peace between the United States and Great Britain, news of which

reached America early in the spring of 1783, removed the necessity

of a naval increase, and in the minds of many the need of a navy at

all. Morris did not at once give up the notion that the government on

a peace footing should maintain a respectable marine. In May, 1783,

he asked Congress to relieve him of his naval duties. “The affairs of

the Marine Department,” he writes, “occupy more time and attention

than I can easily spare. This Department will now become important,

and I hope extensive. I must therefore request that Congress will be

pleased to appoint an Agent of Marine as soon as their convenience

will admit.”[300] He became convinced however that not much could

be done for the navy until the finances of Congress were placed

on a better and more permanent basis. In July, 1783, Morris made

a report on a proposition of Virginia offering to sell her naval

ship “Cormorant” to the United States. Congress agreed to his

report, which was as follows: “That although it is an object highly

desirable, to establish a respectable marine, yet the situation of

the public treasury renders it not advisable to purchase ships for

the present, nor until the several states shall grant such funds for

the construction of ships, docks, naval arsenals, and for the support

of the naval service, as shall enable the United States to establish

their marine upon a permanent and respectable footing.”[301]

Meanwhile, Congress had been rapidly going out of the naval business,

by formally ending the war at sea, by providing for the settlement

of marine accounts, and by disposing of its naval stock. On March

24, 1783, it ordered the Agent of Marine to recall all armed

vessels cruising under the American colors. On April 11 it issued a

“Proclamation, Declaring the Cessation of arms, as well by Sea as

by Land, agreed upon between the United States of America and His

Britannic Majesty; and enjoining the observance thereof.” On April 15

it ordered the Agent of Marine to set free all the naval prisoners of

the enemy.[302]

During the last year of the Revolution and for several years

after its close, one of the principal administrative tasks of

the government was the settling of the outstanding accounts of

the several executive departments. This was a work fraught with

extraordinary difficulties. The administration of a government

founded and conducted amid the distractions of war was necessarily

marked by irregularities in official procedure, the lack of system

in accounting, and in general by haphazard ways of business. On

February 27, 1782, Congress acting on the recommendation of Morris

authorized him to appoint five commissioners with full power and

authority to liquidate and finally settle the Revolutionary accounts.

Each commissioner was paid $1,500 a year; he was permitted to employ

a clerk. The states were recommended to empower the commissioners to

examine witnesses under oath. Each commissioner was given charge of a

certain class of accounts; to one of the five men fell the settling

of the accounts of the Naval Department. Owing to Morris’s caution

in making appointments, and to the obstacles that stood in the way

of a wise choice, the “commissioner for settling the accounts of

the marine department” was not selected until June 19, 1783, when

Joseph Pennell, the paymaster of the Marine Office, was named for the

place.[303] By the fall of 1783 Pennell was settled in his work, and

was complaining of its arduousness. He soon found himself involved

in a dispute with the members of the old Naval Committee. He said

that they had received money from Congress for which they had not

accounted; and that, according to the vouchers, they had paid one

debt twice. He found that the members of the Marine Committee were

individually charged with the moneys they had received; and that when

they left the Committee, they made no settlement. In many instances

vouchers were lacking. Statements from members of the Navy Boards and

from the naval agents could be obtained only with great difficulty,

as these men were now discharged, and they were often scattered. He

discovered that the prize agents made no uniform charge for their

services; some exacted five, and others two and a half per cent on

the receipts from the sale of prizes. Offices for settling the naval

accounts were opened in Philadelphia, New York, and Boston. On the

retirement of Morris, Pennell became responsible to the new Board of

Treasury.[304]

In the last year of the war Congress began to dispose of its naval

craft. On September 3, 1782, the 74-gun ship “America” now at last

almost ready for launching was on the recommendation of the Agent of

Marine given to France to replace the ship of the line “Magnifique,”

74, which the French fleet had recently lost in Boston harbor.

Congress, “desirous of testifying on this occasion to his Majesty,

the sense they entertain of his generous exertions in behalf of

the United States,” directed the Agent of Marine to present the

“America” to Luzerne, the French minister at Philadelphia, for the

service of His Most Christian Majesty.[305] It was a gracious act of

international friendship. In April, 1783, the “Duc de Lauzun” was

lent to the French minister to carry home some French troops, after

which service she was to be sold.[306] In July Morris ordered the

“Hague” to be sold, and recommended to Congress a like disposition

of the “Bourbon,” which latter ship in all probability had been

recently launched.[307] In March, 1784, Morris recommended the sale

of the “Alliance,” as she was “now a mere bill of costs;” and also

the “Washington,” because much money would be required to repair her,

and there was no need to employ her as a packet, since the French

and English had established a mail service.[308] Lieutenant Joshua

Barney, acting as the agent for the Naval Department, sold the

“Washington” in Baltimore in the summer of 1784.

The members of Congress were not unanimous on the question of

the proper disposition of the “Alliance.” On January 15, 1784, a

committee of three reported: “That the honour of the Flag of the

United States and the protection of its trade and coasts from the

insults of pirates require that the Frigate of Alliance should be

repaired.”[309] A committee in March, 1784, and another in May,

1785, recommended her sale.[310] Finally, on June 3, 1785, Congress

directed the Board of Treasury “to sell for specie or public

securities, at public or private sale, the frigate Alliance, with

her tackle and appurtenances.”[311] In August, 1785, the Board of

Treasury sold this vessel for £2,887, to be paid in United States

certificates of public debt. The purchasers afterwards sold the

“Alliance” at a great profit to Robert Morris. In June, 1787, this

vessel sailed for Canton, China, as a merchantman.[312] From the

sale of the “Alliance” until the establishment of a new navy under

the Constitution in 1794 it was left to the stars and stripes

floating from American merchantmen to familiarize foreign ports and

seas with the symbol of the new Nation.

Congress did not formally end the naval establishment by act or

resolution, unless one considers that such was the effect of the

resolution of January 25, 1780, which provided that the pay of all

naval officers except those in actual service should cease. After

this date it would seem that as the vessels were captured, sold, or

thrown out of commission, the names of the officers were taken from

the pay-roll. In September, 1783, an unsuccessful attempt was made in

Congress to discontinue the Agent of Marine.[313] Morris continued in

office until November 1, 1784, when he retired from public service.

Congress made no move to fill his place as Agent of Marine, for there

was little need for such an official. Certain unimportant naval

business, chiefly concerned with the settlement of naval accounts,

remained, however, to be transacted. This for the most part naturally

fell to the Board of Treasury, organized in the spring of 1785. This

Board, aided by the commissioner for settling the marine accounts,

and by James Read, the efficient secretary to the Agent of Marine,

with whom Morris on retiring left the books and papers of the Naval

Department, wound up the small, unimportant, and dwindling business

of the navy.

FOOTNOTES:

[266] Ford’s Washington, IX, 75-76, Washington to James Duane,

December 26, 1780; 33-5, Washington to John Sullivan, November 20,

1780; 125, Washington to R. R. Livingston, January 31, 1781; 131-34,

Washington to John Sullivan, February 4, 1781; 246, Washington to

John Sullivan, May 11, 1781.

[267] Hamilton’s Hamilton, I, 127, note, Hamilton to Robert Morris,

1780; 154-55, 159, Hamilton to James Duane, September 3, 1780.

[268] Sparks’s Gouverneur Morris, I, 229-30.

[269] Sparks’s Gouverneur Morris, I, 227-28; Reed’s Reed, II, 296.

[270] Journals of Continental Congress, January 10, 1781.

[271] Wells, Samuel Adams, III, 127, Adams to Lee, January 15, 1781;

128, extract from a letter of Luzerne, French minister to the United

States.

[272] Journals of Continental Congress, February 7, February 9, 1781.

On October 1, 1781, the salary of the Secretary of Marine was fixed

at $4,000 per annum, payable in specie.

[273] Journals of Continental Congress, February 27, March 30, 1781.

Three states were willing to accept McDougall on the conditions he

proposed. Samuel Adams and his friends voted against acceptance.

[274] Records and Papers of Continental Congress, 137, I, 47, 55,

Morris to President of Congress, June 22, 1781; Ibid., 28, p. 145,

Report of Committee respecting “America”; journals of Continental

Congress, June 23, 1781.

[275] Records and Papers of Continental Congress, 137, I, 77;

Journals of Continental Congress, July 11, 1781.

[276] Records and Papers of Continental Congress, 137, I, 137, Morris

to President of Congress, September 10, 1781.

[277] Records and Papers of Continental Congress, 28, p. 135,

Resolutions of M. Smith.

[278] Ibid., p. 133, Report of Committee on Smith’s resolutions.

[279] Records and Papers of Continental Congress, 28, p. 149,

Resolutions of Committee; Journals of Continental Congress, July 6,

1781.

[280] Records and Papers of Continental Congress, 28, p. 147, Report

of Committee on July 18; Journals of Continental Congress, July 18,

1781.

[281] Records and Papers of Continental Congress, 28, p. 157;

Journals of Continental Congress, August 29, 1781.

[282] Journals of Continental Congress, September 7, 1781.

[283] Records and Papers of Continental Congress, 137, I, 133, Morris

to President of Congress, September 8, 1781.

[284] Records and Papers of Continental Congress, 137, II, 183.

[285] M. I. J. Griffin, Commodore John Barry, 169.

[286] Records and Papers of Continental Congress, 137, I, 233, Morris

to President of Congress, November 17, 1781; Journals of Continental

Congress, November 20, 1781.

[287] Records and Papers of Continental Congress, 137, I, 543, Report

of Morris, June 3, 1782; Journals of Continental Congress, June 12,

1782.

[288] The 29th article of Adams’s rules as adopted by Congress in

1775 fixed penalties for desertion and cowardice. It is not likely

that the numbering was changed. I know of no earlier instance of the

sentencing of a seaman in the American navy to be hanged.

[289] Records and Papers of Continental Congress, 137, I, 367,

Finding of Court Martial, dated June 28, 1781; 365, Morris to

President of Congress, March 25, 1782, containing extract from

Brown’s letter.

[290] Journals of Continental Congress, December 4, 1781, January 8,

1782.

[291] Records and Papers of Continental Congress, 137, I, 559, Morris

to President of Congress, June 20, 1782; Journals of Continental

Congress, July 10, 1782.

[292] Records and Papers of Continental Congress, 137, I, 137, Morris

to President of Congress, September 10, 1781; Journals of Congress,

September 12, 1781.

[293] Records and Papers of Continental Congress, 37, p. 473.

[294] Boston Gazette, January 27, 1783.

[295] Records and Papers of Continental Congress, 137, II, 103;

M. I. J. Griffin, Commodore John Barry, 162-248, prints many

contemporaneous papers relating to Barry’s cruise.

[296] Clowes, Royal Navy, IV, 72, 73; Pennsylvania Packet, August 16,

1781.

[297] Records and Papers of Continental Congress, 137, I, 415, Morris

to President of Congress, April 24, 1782.

[298] Records and Papers of Continental Congress, 137, I, 447, Report

of Morris, May 10, 1782.

[299] Records and Papers of Continental Congress, 137, I, 713,

Estimate for public services for 1783, July 30, 1782.

[300] Records and Papers of Continental Congress, 137, II, 425,

Morris to President of Congress, May 3, 1783.

[301] Records and Papers of Continental Congress, 137, II, 725,

Report of Morris, July 31, 1783; Journals of Continental Congress,

August 5, 1783.

[302] Journals of Continental Congress, March 24, April 11, April 15,

1783.

[303] Journals of Continental Congress, February 27, 1782, June 19,

1783.

[304] Records and Papers of Continental Congress, 137, III, 651, 655,

Morris to President of Congress, May 26, 1784, enclosing extract of

letter of Pennell.

[305] Journals of Continental Congress, September 3, 1782.

[306] Ibid., April 21, 1783.

[307] Records and Papers of Continental Congress, 137, III, 677,

Report of Morris, July 22, 1783.

[308] Force Transcripts, Library of Congress, 137, 3, p. 243, Report

of Morris, March 19, 1784.

[309] Records and Papers of Continental Congress, 28, p. 221, Report

of Committee, January 15, 1784.

[310] Ibid., 28, pp. 213, 225-27, Reports of Committees.

[311] Journals of Continental Congress, June 3, 1785.

[312] Records and Papers of Continental Congress, 140, II, 45, Board

of Treasury to President of Congress, August 5, 1785; M. I. J.

Griffin, Commodore John Barry, 258-59.

[313] Journals of Continental Congress, September 16, 1783.

CHAPTER IX

NAVAL DUTIES OF AMERICAN REPRESENTATIVES IN FOREIGN COUNTRIES

On the outbreak of the war between the Colonies and the

mother-country, Congress turned with true political insight to France

for aid. The self-interest of no other country in Europe gave so

good a basis for friendship and alliance with America. To France,

the success of the revolting British Colonies meant the humbling

of a victorious rival, the turning of a part of Britain’s valuable

colonial trade into French channels, and probably a reopening of the

trial at arms of the Seven Years’ War and a reversal of some of its

humiliating decisions. Common interests led the two countries to

coöperate in achieving and furthering their objects and ambitions;

and this led to the establishing of intimate diplomatic, commercial,

and naval relations between them. Many of the duties that grew

out of these three classes of relations had to be transacted in

France, and they therefore necessitated the appointment of American

representatives to be resident in that country. The naval duties of

these representatives were numerous and important. They involved the

renting, purchase, and building of naval vessels; the officering,

manning, and fitting out of vessels; the directing of cruises;

the purchase of naval supplies; the disciplining of officers; the

paying of officers and crews; the disposing of prizes; the devising

of naval plans; the commissioning of privateers; the caring for

naval prisoners and the negotiating for their exchange; and the

disseminating of naval intelligence. The vesting of these duties in

the American representatives in France virtually constituted the

establishment of a Brandi Naval Office at Paris.[314]

Besides the above duties, which may be considered strictly naval in

character, the American representatives had other business closely

related to their admiralty work, but which was also intimately

connected with their diplomatic and commercial work. For instance,

dealings with breaches of neutrality committed by American ships

had to do equally with diplomatic and naval affairs. The selling of

colonial products which the Commercial Committee of the Continental

Congress exported to France, and the buying of French manufactures

which the American representatives shipped to America, were of course

commercial duties. These transactions, however, came into contact

with naval affairs when the goods purchased in France happened to be

naval stores, or when naval ships carried the goods or convoyed the

merchantmen which carried them. For the sake of obtaining a complete

view of the admiralty work of the American representatives in

France, this chapter will touch upon naval duties of all sorts even

though their diplomatic and commercial aspects stand out the most

prominently.

The first naval business of the Colonies in France fell to Silas

Deane, a political and commercial agent of the Continental Congress,

who arrived at Paris in July, 1776. In December, 1776, Deane was

succeeded by three American commissioners to the Court of France,

Benjamin Franklin, Silas Deane, and Arthur Lee. These three men

shared the naval duties of their office until the spring of 1778,

when Deane was superseded by John Adams. In February, 1779, Franklin,

who had been chosen Minister Plenipotentiary at the Court of France,

fell heir along with the other duties of the commissioners to those

of a naval character; and he continued in this office until the end

of the Revolution. Of the first three commissioners Silas Deane had

the most to do with the naval business. He says that the management

of the Continental ships of war and of their prizes which was a “most

complicated and embarrassing part of our affairs” fell entirely upon

himself.[315] When Deane was superseded, it would seem that his

naval duties fell to Franklin rather than to Adams. Franklin had at

all times the chief part of the work of exchanging naval prisoners

with Great Britain; and Adams excelled the other commissioners in

transmitting to the home government naval intelligence.

The headquarters of the Naval Office were of course situated at

Paris, several hundred miles from the ports frequented by the

Continental vessels. This was a great disadvantage, as it caused

delays in communicating with the naval officers and naval agents,

besides other inconveniences. The Office gave its orders as a rule

by letter, but now and then when its officers and agents visited

Paris, it communicated with them by word of mouth. Its official

correspondence with the home government was carried on almost

exclusively with the “Foreign Office” at Philadelphia—that is, at

first with the Committee of Secret Correspondence, then with the

Committee of Foreign Affairs, and finally with the Secretary for

Foreign Affairs. A few letters passed between the Naval Office at

Paris and the Naval Department in America. The secretary and the

clerks, first of the Commissioners, and later of the Minister at the

Court of France, assisted in transacting the naval business.

The American representatives at Paris employed agents in a number

of the chief Atlantic ports of France to transact their naval and

commercial business. The principal agencies were at Nantes, L’Orient,

Bordeaux, Brest, and Dunkirk. There were also agencies at Bilbao,

and Coruña, Spain; and in Holland. It is difficult to separate the

naval and commercial duties of these agencies, as they were vested

in the same men. The whole subject is exceedingly complicated. For

transacting naval business, Nantes was the most important agency,

although L’Orient was not far behind it. At Nantes in 1777 within

a comparatively short period of time one finds Thomas Morris, a

half-brother of Robert Morris, William Lee, a brother of Richard

Henry Lee, Jonathan Williams, a nephew of Franklin, John Ross, a

Philadelphia merchant, and a certain German merchant by the name

of Schweighauser exercising similar duties. William Lee was for a

time commercial agent for all of France, and his authority of course

came in contact with that of the Commissioners at Paris.[316] Such

divisions and duplications of powers resulted in much contention,

misunderstanding, and jealousy. John Adams tells us that when he

arrived in France in the spring of 1778 he found in some places

two or three persons claiming the character of American agents;

and that at one port, three agents had been appointed, one by the

Commissioners at Paris, another by the commercial agent of France,

and a third by the Commercial Committee of Congress. “We have such

abuses and irregularities every day occurring as are very alarming.

Agents of various sorts are drawing bills upon us, and the commanders

of vessels of war are drawing upon us for expenses and supplies

which we never ordered.” Moved by the reformatory zeal that so often

characterizes the new appointee to public office, Adams attempted to

reduce the business of Congress in France to some system.[317]

The Naval Office at Paris appointed several naval officers by filling

out blank commissions and warrants, which had been signed and sent

by the President of Congress for that purpose. Late in the war the

question arose as to the proper rank in the navy of some of these

appointments. In certain specific cases which were referred to Robert

Morris as Agent of Marine, he recommended that new commissions be

granted dated as the old, and that the officers receiving them take

rank according to the dates of their old commissions. The Naval

Office granted commissions of captain to Gustavus Conyngham, Samuel

Nicholson, Peter Landais, and John Green. On the recommendation of

John Paul Jones it appointed Richard Dale to be a lieutenant on board

the “Bon Homme Richard.” Dale became an officer of distinction in

the new navy under the Constitution, where he rose to the rank of

commodore. Landais was the only Frenchman who received a permanent

commission as captain in the Continental navy.

Silas Deane had a penchant for recommending French officers; and he

was very credulous as to the compliments expressed by themselves and

their friends in their behalf. On November 28, 1776, Deane wrote

to the Committee of Secret Correspondence as follows, having just

referred to certain army officers whom he was sending to America:

“As to sea officers, they are not so easily obtained, yet some good

ones may be had, and in particular two, one of whom I have already

mentioned; the other is quite his equal, with some other advantages;

he was first lieutenant of a man-of-war, round the World with Captain

Cook, and has since had a ship, but wants to leave this for other

service where he may make a settlement and establish a family. These

two officers would engage a number of younger ones, should they

embark. I send herewith the plans of one of them for burning ships.”

The French officer who designed these plans, also made “drafts of

ships and rates for constructing and regulating a navy,” of which

Deane had the “highest opinion.” This officer, Deane said, “has seen

much service, is a person of study and letters, as well as fortune,

and is ambitious of planning a navy for America, which shall at once

be much cheaper and more effectual than anything of the kind which

can be produced on the European system.”[318]

That Deane gave too ready an ear to the soft words of the French,

is clear from his extravagant recommendations of the erratic and

troublesome French captain, Peter Landais. Deane said that Landais

would be a “valuable acquisition to our Navy;” and that he was a

“skilful seaman of long Experience in every Part of the World, of

good judgment and the most unsuspicious honor and Probity.” In May,

1778, Congress continued Landais in the naval service; but directed

“the commissioners of the United States at foreign courts” not to

“recommend any foreign sea-officers, nor give any of them the least

expectation of being employed as captains in the navy.”[319]

The Naval Office at Paris issued a few commissions to privateers. As

early as October, 1776, Deane was writing to the Committee of Secret

Correspondence for blank commissions. Private as well as public

interests were involved in the cruises of Captain Gustavus Conyngham

in European waters. Carmichael, a Marylander and an employee in

France of Congress and the Commissioners at Paris, asserted that

Deane in 1777 intended to equip a vessel in the Mediterranean sea

partly on public and partly on private account, that an agent was

employed who succeeded in buying a vessel, but that the state of

Genoa interposed and stopped the enterprise.[320] Two famous, or

better infamous, letters of marque were fitted out at Dunkirk and

commissioned by the Naval Office in 1779. They were named the “Black

Prince” and the “Black Princess.” Their crews were a malodorous

medley, containing “a few Americans, mixed with Irish and English

smugglers.” These smugglers had recently broken prison in Dublin,

recaptured their smuggling vessel, and escaped to Dunkirk. Should

they be recaptured by the English and their identity be discovered,

they would be forced to suffer the penalty for smuggling. As they

spoke English, it was thought that their past character might be

best concealed by giving them an American commission, instead of a

French one. These two privateers captured or destroyed upwards of

one hundred and twenty sail of the British, and insulted “the coasts

of these lords of the ocean.” In the summer of 1780, the “Black

Prince” was wrecked on the coast of France, and the commission of

the “Black Princess,” upon the request of Vergennes, the French

Minister of Foreign Affairs, was recalled by Franklin.[321] In 1780

certain American prisoners, who had escaped, fitted out a privateer

at Cadiz in Spain and asked Jay, the American minister at Madrid, for

a commission. He referred them to Franklin.[322]

When the American Commissioners assembled in Paris in December, 1776,

to begin their mission, they had with them the orders of Congress

to purchase, arm, and equip a frigate and two cutters. They were to

send the frigate cruising against the enemy in the English channel,

and were to employ the cutters in transporting supplies to America.

The Commissioners were further directed to hire or buy at the

French Court eight line of battle ships.[323] They began to carry

out these orders in January, 1777, when Captain Samuel Nicholson

was sent to Boulogne to purchase one of the cutters; in the spring

a lugger was obtained at Dover, England; and in the early summer

another cutter was bought at Dunkirk. In the two latter transactions

William Hodge, a merchant from Philadelphia, acted as the agent of

the Commissioners. Early in the year Captain Lambert Wickes, who

had in December, 1776, arrived in France in the Continental sloop

“Reprisal” with Dr. Franklin on board, was inspecting vessels for

the Commissioners. Nicholson’s cutter was named the “Dolphin;” and

Hodge’s two vessels were called, respectively, the “Surprise” and the

“Revenge.” It is believed that the “Revenge” was purchased jointly on

public and private account. After this vessel’s first cruise it is

known that Hodge and possibly others were pecuniarily interested in

its ventures.

By the fall of 1777 the Commissioners had completed the construction

of a 32-gun frigate at Nantes, which they called the “Deane.” They

also purchased a ship which they fitted out as a 28-gun frigate and

named the “Queen of France.” Early in 1778 they sent the “Deane”

under the command of Captain Samuel Nicholson, and the “Queen of

France” under the command of Captain John Green, both vessels laden

with supplies, to Boston. The “Deane” remained in the navy until the

end of the Revolution. The “Queen of France” was surrendered to the

British in May, 1780, on the fall of Charleston, South Carolina. On

the application of the Commissioners to the French Court for the loan

or sale of some ships of the line, they were told that the French

government considered it absolutely necessary to keep the whole

of its fleet at home ready for the defence of France in case of a

rupture with Great Britain; but, that, since England was apprehensive

of a war with France, such a disposition of the French naval forces

was serviceable to America in so far as it forced England to retain

an equal force in the British seas.[324]

In the spring of 1777 the Commissioners received orders from Congress

to build six vessels of war; but before this, they had on their own

responsibility contracted with “one of the ablest sea officers of

France, skilled in all the arts relating to the marine,” who had

offered “his services to our States, with the permission of the

minister,” to “superintend the building of two ships of war, of a

particular construction, which, though not of half the cost, shall

be superior in force and utility to ships of sixty-four guns.”

This officer had already built a vessel of this type for the King

of France which the Commissioners were told “exceeds everything in

swift sailing.”[325] Only one of these frigates, which was named the

“Indian,” was placed upon the stocks, and this one at Amsterdam. To

conceal its ownership and destination it was built in the name of

a private individual. The Commissioners wrote in the fall of 1777,

when the ship was almost finished, that it was a large frigate

and was supposed to equal a ship of the line, as it would carry

thirty 24-pounders on one deck. The ship did not get to sea under

Continental colors. Owing to the many difficulties of equipping and

manning so large a ship in a neutral port, and to the lack of money

necessary for such work, the Commissioners sold it to the King of

France for a sum equal to that which they had expended upon it; the

King at the same time agreed to pension well the officer who had

built it.[326] With the sale of this frigate the work of the Naval

Office at Paris in naval construction came to a close. The “Indian”

was finally rented to the state of South Carolina. In 1779 and 1780

the French government loaned several vessels to the Naval Office.

During the years 1777, 1778, and 1779, the fitting out of Continental

armed vessels, as well those which were sent to France from America,

as those which were originally obtained by the Commissioners, was

a severe tax on the slender resources of the Continental treasury

at Paris. After a long voyage or cruise a wooden sailing vessel

needed much repairing. Perchance, it must be careened and cleaned or

repaired below the water line; new masts and spars were often needed;

and old sails had to be mended and new ones provided. Always, the

vessel before beginning a new cruise must be freshly provisioned; and

its crew, depleted by battle, desertion, and the dispensations of

Providence, had to be replenished. The enlisting of a few recruits

was not a difficult thing at this time, for there was human driftwood

in every port of Christendom, of divers nationalities, willing to

ship under any flag. Many Frenchmen enlisted in French ports on

board American vessels. In 1782 Franklin said he was continually

pestered by such Frenchmen, who, being put on board prizes, had been

captured by the English, and were now demanding arrears of pay.[327]

In May, 1779, Franklin was complaining to Congress that the expense

of fitting out each Continental cruiser which it sent to France

amounted to 60,000 or 70,000 livres. He said that Mr. Bingham, the

Continental agent at Martinique, had recently drawn upon him for the

expense of fitting out two Continental cruisers which had recently

put in to that island, but for lack of money he would be obliged to

protest Bingham’s bill.[328] The American representatives in France

fitted out and loaded with supplies for America both Continental

vessels and French and American merchantmen. This work properly forms

a part of their commercial duties. Deane tells us that while he

was in France he expended more than ten million livres for stores,

goods, and ships; and that he loaded sixteen ships for America.[329]

The commercial agents had much to do with this work; Nantes was the

principal shipping port.

Before the treaties of February, 1778, between the United States

and France, the disposing of prizes captured by American vessels in

French ports was exceedingly informal. Since France was obliged to

at least make a pretence of observing her treaties with England and

the laws of neutrality, she could not permit a trial of American

prize cases in her admiralty courts. Consequently, prizes captured

by American vessels were disposed of without trial and legal

condemnation; they were taken into the offing of French ports and

secretly sold to French merchants at a great sacrifice to the

captors. After February, 1778, the prizes were legally tried, but not

according to a uniform practice. Some cases were tried by the French

admiralty courts; but in other cases the French courts prepared the

_proces verbaux_, which they sent to Franklin; he then condemned the

prizes and ordered the court to sell them. After July, 1780, Franklin

ceased to exercise such judicial functions.[330]

One of the objects of the cruises of Continental vessels in European

waters was to capture Englishmen and exchange them for American

naval prisoners languishing in prisons in England. These imprisoned

Americans were confined chiefly at Forton prison at Portsmouth,

and Mill prison at Plymouth. A list of prisoners confined at Mill

prison during the Revolution, which contains 947 names, has been made

out.[331] In April, 1782, there were eleven hundred Americans in

the jails of England and Ireland, all committed to prison as charged

with high treason.[332] A few Americans were confined at Gibraltar.

These prisoners often suffered greatly from a lack of sufficient

food, clothing, bedding, and fuel. This was in part caused by the

cruelty and fraud of those whom the British government entrusted with

the supply and control of its prisons. The rigors of their captivity

were softened, and their deprivations in a measure relieved by money

which Franklin sent from Paris, and by private subscriptions in their

behalf made by generous Englishmen.

To escape their penury and distress some prisoners enlisted in the

enemy’s navy, or joined the British whaling fleets. Others escaped

from prison; some of these burrowed their way out, committing

treason through His Majesty’s earth, to use a phrase of Captain

Conyngham, who, with sixty companions, in this way escaped from Mill

prison in November, 1779. These escaped prisoners gradually found

their way into Holland, the seaports of France, or even Paris; and

they often became a tax upon Franklin’s pity, and the Continental

treasury in his keeping. Franklin was deeply moved by the sufferings

of these men, whether confined in England or at liberty in France.

His efforts in their behalf are an important part of his work and

achievements in France.

A long correspondence directed towards securing an exchange of

Englishmen captured by American vessels and confined in France for

Americans confined in England was conducted by Franklin with his

friend Hartley in England. Hartley was a noble-minded and humane

Englishman, who was, at the time, a member of the House of Commons.

The first letters on the exchanging of prisoners were written,

however, by the American Commissioners, to Lord Stormont, the British

Ambassador at Paris. The Commissioners stated that Captain Wickes,

of the Continental cruiser “Reprisal,” had in his possession one

hundred captured British seamen, and they wished to exchange them for

an equal number of American seamen, prisoners in England. The first

letter of the Commissioners Lord Stormont ignored. To the second

letter, or possibly to the third, he replied in those well-known

words: “The King’s Ambassador receives no applications from rebels,

unless they come to implore His Majesty’s mercy.” The reply of the

Commissioners was equally spirited: “In answer to a letter which

concerns some of the most material interests of humanity, and of

the two nations, Great Britain and the United States of America,

now at war, we received the enclosed indecent paper, as coming from

your Lordship, which we return for your Lordship’s more mature

consideration.”[333]

Until after the treaties of February, 1778, between the United

States and France, Great Britain resisted the exchange of naval

prisoners, confined in England, on three grounds: that it involved

the recognition of belligerent rights in the insurgents; that

France being neutral, the Colonists would be compelled either to

free captured British seamen taken in European waters, or else

to take them to America; and that since British seamen were far

more numerous than American, an exchange would tell more favorably

for the Americans than for the British.[334] Not until France had

entered into the war, did Britain take a broader and more generous

position, and begin to listen to Franklin’s overtures for an

exchange of prisoners. During 1778 the negotiations proceeded slowly

and vexatiously, and it was not until March, 1779, that the first

exchange was made. One hundred American prisoners from the Mill

prison at Plymouth were then sent to France by the British government

in the Milford cartel-ship; and in August one hundred more were

exchanged.

In October, 1779, when Captain Jones terminated his famous cruise,

he carried into the Texel, Holland, 472 prisoners; and Franklin had

high hopes that at last considerable numbers of the unfortunate

American prisoners would be released. Since the Texel was a neutral

port, complications growing out of the laws of neutrality now arose.

If Jones’s prisoners were to be exchanged for Americans, it was

decided that they must first be brought to France. Rather than risk

their recapture, Franklin agreed to permit them to be considered as

the prisoners of France and to be exchanged for an equal number of

Frenchmen imprisoned in England. In return, the French were to give

Franklin 472 English prisoners confined in French prisons, which

were to be exchanged for American prisoners. Franklin had difficulty

in securing the Englishmen from France; after England had sent over

one hundred prisoners, misunderstandings arose, and in May, 1780,

she refused to exchange Americans except for Englishmen taken by

American cruisers. One of the main objects of Jones’s famous cruise,

the releasing of American prisoners in England, seems to have partly

failed.[335] In March, 1782, Franklin considered a proposed plan for

rescuing the American prisoners in Forton prison, and bringing them

to France on smuggling vessels, but he concluded that the project

was impracticable.[336]

After France and Spain entered into the war, the American

Commissioners confined British prisoners in French and Spanish

prisons. Before the French treaties, the Commissioners had no place,

except in their own ships, to stow away their prisoners. The American

captains were therefore forced to free many captives. They often

exacted of a prisoner a pledge or parole that he would, on returning

to England, be responsible for the release of an American prisoner;

but of course the British government refused to take cognizance of

such pledges, or to listen to the claims of the Commissioners that

these released captives should be considered as returned prisoners.

Beginning with 1778, the burden upon the Commissioners for the

maintenance of English prisoners was considerable. In May, 1779,

Franklin thought it would take more than 100,000 livres to pay all

the accounts arising from expenditures in their behalf.[337] Could

satisfactory and expeditious exchanges have been effected with

England, this item of expense would have been greatly reduced. When

the Revolution came to an end, there was still a considerable number

of Americans in English prisons.

A number of alleged breaches of neutrality, said to have been made by

American armed vessels, was brought to the attention of the American

representatives at the Court of France. For example, in 1777 the

French, Spanish, and Dutch governments complained that either their

ships or their merchandise had been unlawfully captured. In 1778

the Spanish and Swedish Courts asserted that Captain Conyngham had

violated the laws of neutrals. The Dutch found fault with Captain

Jones for sending the brigantine “Berkenbosch” to America. In 1780

the Portuguese Ambassador at Paris presented Franklin with papers

which alleged that the Massachusetts state cruiser “Mars” had

illegally taken a Portuguese ship and had sent it to New England. The

American representatives at Paris regularly disposed of such cases as

the above by referring them to Congress, and to the American courts

of admiralty. In the case of the Portuguese ship, Franklin wrote to

Congress that he hoped that it would forward a speedy decision; and

that it would give orders to the American cruisers not to meddle with

neutral vessels, for this was a practice “apt to produce ill blood.”

Complaints having been made of violences done by American armed

vessels to neutral nations, the Commissioners, in November, 1777,

issued a proclamation enjoining the American commanders to obey the

laws of neutrality. In 1780, in view of the First Armed Neutrality

which had been proposed by Catherine of Russia, and which was then

being concerted by certain European nations, Franklin wrote to

Congress, asking whether it would not be proper to confine American

captures to the principle that “free ships shall make free goods,”

since it was likely that this would become the law of nations.[338]

Many miscellaneous duties, more or less naval in character,

fell to the Commissioners at Paris and to their successor, the

American Minister. In August, 1778, the Commissioners offered a few

observations on some regulations for prizes and prisoners, which

Sartine, the French Minister of Marine, had prepared with a view of

making uniform certain rules of France and the United States on these

subjects.[339] In June, 1778, Franklin issued a curious passport

in the form of a proclamation to all commanders of American armed

vessels, not to attack a certain British vessel, which was bound to

the Moravian mission on the coast of Labrador. “I do therefore hereby

[inform you] that the sloop ‘Good Intent,’ burthen about 75 tons,

Capt. Francis Mugford, carrying in the present voyage about 5000

bricks for building chimneys, with provisions and necessaries for

the missionaries and their assistants, and some ironmongery and tin

ware for the Indians—the crew consisting of the Captain, Mate, three

men, and a boy, and the passengers one man and three women—is the

vessel employed in the above service this year.”[340] Coming amid the

cruelties, resentments, and misunderstandings of war, this document,

which breathes a humane spirit and declares that the philanthropic

interests of nations are inviolable, is indeed a most welcome one. In

October, 1778, the Commissioners provided the Ambassador of Naples

at the Court of France, whose country had lately opened its ports

to American vessels, with a description of American flags. After

describing the flag of the United States, they added: “Some of the

States have vessels of war distinct from those of the United States.

For example, the vessels of war of the state of Massachusetts Bay

have sometimes a pine tree; and those of the state of South Carolina

a rattlesnake in the middle of thirteen stripes. Merchant ships have

only thirteen stripes, but the flag of the United States ordained

by Congress is the thirteen stripes and the thirteen stars above

described.”[341]

The Naval Office at Paris served as a channel for the communication

of foreign naval intelligence; it also proposed to Congress several

important naval plans. John Adams, while Commissioner, and later

while on a diplomatic mission in Holland, wrote long letters to

Congress on the armament of the foreign navies, the movements of the

British, French, and Spanish fleets, and the captures made by these

fleets. In November, 1776, Silas Deane, always fertile in schemes,

proposed to the Committee of Secret Correspondence the sending

of frigates against the Newfoundland fisheries; after destroying

these, the frigates were to sail for the Baltic and cruise after

the enemy’s ships bound for Russia. In the same letter he proposed

a second project. A number of frigates with merchantmen under

their convoy should be loaded with tobacco, rice, wheat, and other

colonial products, and should sail for Bordeaux. After unloading

their cargoes and refreshing their crews the frigates should strike

a blow on the British coast which would “alarm and weaken Great

Britain most effectually. The city of Glasgow might at any hour be

destroyed by a single frigate capable of landing two hundred men.”

After their descent on England the frigates should sail northward

and intercept the Baltic ships, or else return to France and wait for

a good opportunity to strike a second blow. Ships engaging in such

expeditions could obtain any number of recruits in France. By issuing

commissions, individuals would “join you in the adventure under

your flag, with stout frigates, several of which are now building

absolutely with the design, viz., the hopes of getting into the

service of the United States of North America.”[342] Deane’s letters

at this time are somewhat extravagant, nor are they always based on

an accurate knowledge of the facts. “Would it not be well,” he asks,

“to purchase at Leghorn five or six stout Frigates, which might at

once transport some companies of Swiss and a quantity of stores and

the whole be defended by the Swiss soldiers on their passage?”[343]

In May, 1777, the recommendations made by Deane in November, 1776,

were in substance repeated by the Commissioners at Paris to the

Committee of Foreign Affairs. These new recommendations were in

all probability drafted by Deane. The Commissioners thought that a

blow might be struck on the coast of England which would “alarm and

shake Great Britain, and its credit, to the center.” The burning and

plundering of Liverpool or Glasgow would do more essential service to

the Colonies than a million of treasure and blood spent in America.

It would raise our reputation to the highest pitch, and lessen in the

same degree that of our enemy. The Commissioners were confident that

the plan was practicable, and could be carried out with very little

danger. They also recommended the sending of two or three Continental

frigates with some small cruisers into the German ocean, where,

about the middle of August, they might seize the greater part of the

enemy’s Baltic and northern trade. One frigate, they said, would

be sufficient to destroy the “Greenland whale fishery, or take the

Hudson Bay ships returning.”[344]

In the fall of 1778 the Commissioners called the attention of both

the Committee of Foreign Affairs and the French Minister of Marine

to the ease with which a single frigate or privateer of twenty or

twenty-four guns could capture the valuable whale fishery which the

English maintained off the coast of Brazil. The seventeen vessels

employed in this industry were manned and officered almost entirely

by Americans belonging to Nantucket and Cape Cod. These men had been

captured by Great Britain, and having been given their choice of

entering the British naval service or the whale fishing industry,

had chosen the latter. By their recapture four hundred and fifty of

the best kind of American seamen would be added to the Continental

service, and moreover the cargoes of oil which would be taken were

very valuable.[345]

In December, 1777, the Committee of Foreign Affairs proposed to the

Commissioners at Paris the most extensive naval expedition planned

for the Continental fleet during the Revolution. The plan was to

be carried out by two or three of the frigates which the Marine

Committee were sending to France. These, being well manned, were

early in February, 1778, to be despatched to the French island of

Mauritius in the Indian ocean, where they should refit and replenish

their stores. The frigates should next proceed to the Coromandel

Coast, a twenty days’ sail from Mauritius. Here they should intercept

the enemy’s China ships, and also distress the internal trade of

India. The prizes could be sold in Mauritius and the proceeds sent to

Paris by bills of exchange. Gorée was recommended as a better port

of call than the Cape of Good Hope, where there was danger to be

apprehended from British vessels. In the same letter the Committee

wrote that “another beneficial attempt may be conducted along the

coasts of Africa. The French and Dutch settlements, and perhaps the

Portuguese, will purchase the prizes, and give bills on Europe.”[346]

No reply was made by the Commissioners relative to the proposed East

Indian expedition until in July, 1778, when Arthur Lee wrote to the

Committee of Foreign Affairs that the Commissioners considered the

plan “impracticable at the present.” “Better order,” he said, “must

be established in our marine, and the ships’ companies better sorted,

before it will be safe to attempt enterprises at such a distance, and

which require a certain extent of ideas in the captain and entire

obedience in the crew.”[347] One must agree with Lee’s conclusion,

although more weighty objections to the complicated plan of the

Committee might be adduced.

FOOTNOTES:

[314] For convenience the term “Naval Office” will be used in this

chapter. It will be understood of course that there existed no “Naval

Office” apart from the Office of the American representatives at

Paris, in whom were vested diplomatic, naval, and commercial duties.

[315] Ingraham, Papers relative to Silas Deane, 67.

[316] Wharton’s Diplomatic Correspondence and Ford’s Letters of

William Lee are the best sources for the work of these agents.

[317] Wharton, Diplomatic Correspondence II, 595, Adams to Commercial

Committee, May 24, 1778.

[318] Wharton, Diplomatic Correspondence II, 191, 200, Deane to

Committee of Secret Correspondence, November 6, November 28, 1776.

[319] Collections of New York Historical Society, Deane Papers, II,

122; Journals of Continental Congress, May 9, 1778.

[320] Ingraham, Papers relative to Silas Deane, 141-49.

[321] Wharton, Diplomatic Correspondence, III, 802-03; IV, 26, 33;

Hale’s Franklin in France, I, chapter XVI, Privateers from Dunkirk.

[322] Wharton, Diplomatic Correspondence III, 731.

[323] Journals of Continental Congress, October 3, 1776; Wharton,

Diplomatic Correspondence, II, 177.

[324] Wharton, Diplomatic Correspondence, II, 284.

[325] Wharton, Diplomatic Correspondence, II, 284-85.

[326] Ibid., 433, Commissioners to Committee of Foreign Affairs,

November 30, 1777.

[327] Wharton, Diplomatic Correspondence, V, 512-13.

[328] Wharton, Diplomatic Correspondence, III, 189, 193, Franklin to

Committee of Foreign Affairs, May 26, 1779.

[329] Collections of New York Historical Society, Deane Papers, IV,

159.

[330] Wharton, Diplomatic Correspondence, III, 801-03, 880-81;

Bigelow’s Franklin, VII, 54-55, 58-59.

[331] Pennsylvania Packet, May-June, 1782. Another list will be found

in New England Historical and Genealogical Register for 1865, 74,

136, 209.

[332] Wharton, Diplomatic Correspondence, V, 326-27.

[333] Hale’s Franklin in France, I, Chapter XI, American Prisoners,

prints many original letters.

[334] Wharton, Diplomatic Correspondence, II, 724.

[335] Wharton, Diplomatic Correspondence, III, 535, 608, 681-82,

745-46.

[336] Wharton, Diplomatic Correspondence, V, 276.

[337] Ibid., III, 189.

[338] Wharton, Diplomatic Correspondence, II, 425, 435, 784, 827; IV,

24, 180; Stevens’s Facsimiles, 1967, 1969; Bigelow’s Franklin, VII,

308; C. H. Lincoln, Calendar of John Paul Jones Manuscripts, 163.

[339] Wharton, Diplomatic Correspondence, II, 682-83, 684-87.

[340] Hale’s Franklin in France, I, 245. Franklin issued a similar

proclamation in behalf of the celebrated navigator, Captain

Cook.—Wharton, Diplomatic Correspondence, III, 75.

[341] Wharton, Diplomatic Correspondence, II, 759-60.

[342] Collections of New York Historical Society, Deane Papers, I,

339-40. The letter of Deane here published, it is believed, was

written to the Committee of Secret Correspondence, and not to the

Secret Committee as given.

[343] Wharton, Diplomatic Correspondence, II, 199. Deane to Committee

of Secret Correspondence, November 28, 1776.

[344] Wharton, Diplomatic Correspondence, II, 324-27.

[345] Wharton, Diplomatic Correspondence, II, 818-19, 832-33.

[346] Wharton, Diplomatic Correspondence, II, 440-41.

[347] Ibid., 673-74.

CHAPTER X

NAVAL DUTIES OF AMERICAN REPRESENTATIVES IN FOREIGN COUNTRIES

(_Continued_)

In 1777 the work of the Naval Office at Paris was greater and more

varied than during any other year. Naval vessels were both built

and purchased. Continental ships, and merchantmen chartered from

the French, were laden for America with muskets, cannon, powder,

cordage, duck, tents, blankets, and clothing. The naval prisoners in

England and the violations of neutral rights committed by Continental

ships and by privateers demanded much attention. In the spring

the Continental brig “Lexington,” and in the fall the “Raleigh,”

“Alfred,” and “Independence,” arrived in France. The “Reprisal,” 16,

“Lexington,” 14, “Dolphin,” 10, “Surprise,” 10, and “Revenge,” 14,

were fitted and refitted in French ports and sent cruising off the

British coasts; and the prizes of these vessels were sold in France.

The “Dolphin,” “Surprise,” and “Revenge” were officered and manned

in France. The task of conducting all these naval activities in a

neutral country the Commissioners found to be a most delicate one.

Among the earlier undertakings of the American representatives at

Paris were their attempts to obtain the freedom of French ports for

American vessels. Nor was their work of this sort confined wholly

to the French Court, for in the spring of 1777 Arthur Lee sought at

Madrid permission for American vessels to sell their prizes and to

refit in Spanish ports; and later in the year he went on a similar

errand to Berlin. Both the Spanish and Prussian Courts refused his

requests.[348] Prizes were, however, without difficulty secretly

disposed of in Spain.

As early as August, 1776, Deane wrote from Paris that he was

“not without hopes of obtaining liberty for the armed vessels of

the United Colonies, to dispose of their prizes in the ports of

this Kingdom, and also for arming and fitting out vessels of war

directly from hence.”[349] When Franklin arrived in France, early

in December, 1776, he carried instructions for the Commissioners to

apply immediately to the Court of France for the protection of its

ports to American ships of war, privateers, and prizes. If this

favor were granted, he was to ask for permission to sell American

prizes and their cargoes in French ports. In case both requests met

with favorable responses, the Committee of Secret Correspondence

would obtain the consent of Congress to empower the Commissioners

to appoint a judge of admiralty in France; this judge would try all

American prize cases, arising in the ports of France, in accordance

with the rules and regulations of Congress. Pending the obtaining of

the consent of Congress, the Commissioners were authorized to consult

with the French Ministry whether it would permit the erection of

American admiralty courts in France and the French West Indies.[350]

Of course France could not grant such requests as these if she wished

to remain at peace with England. During 1776 the Americans generally

overestimated the friendliness of France. They either failed to see

that the laws of neutrality must set quite definite limits to her

overt favors, or else they thought her eager for an excuse to go to

war with Great Britain. The attitude of France towards permitting

American vessels of war and their prizes the freedom of French ports

was disclosed sooner than the Commissioners had reason to expect.

It is remembered that the “Reprisal” arrived in France with Franklin

on board early in December, 1776. She was the first Continental

vessel to reach European waters. Not far from the French coast she

captured two small British brigantines, and carried them into Nantes.

These were the first American prizes to enter French ports. It may

be guessed that the captains of the two prizes were not long in

communicating with Lord Stormont, the British Ambassador at Paris,

and that Lord Stormont was not long in communicating with the French

government. On December 17 he held a conference with Vergennes,

the French Minister of Foreign Affairs, to whom he declared that

the prizes were unlawfully captured, since the “Reprisal” had no

commission from a sovereign power as a letter of marque; that he

expected that the prizes would be immediately restored to their

owners; and that the permitting of their sale would be a violation

of the treaty of Utrecht between Great Britain and France. Though

conciliatory, Vergennes’s reply was not altogether satisfactory to

the British Ambassador, who records that the French Minister ended

“with expressions which seemed to shew an Intention of taking some

Middle Way, and leaving the Point undetermined.”[351]

During 1777 Lord Stormont held many similar conferences with

Vergennes in which the naval liberties permitted the Americans in

French ports were the subject of discussion. Vergennes set forth the

position of his government in a way that was reasonably acceptable to

England. He declared that its purpose was to prevent every violation

of its treaties and of the law of nations. He gave orders that the

prizes captured by the Americans should not be sold in French ports.

At different times he commanded the American vessels of war to sail

within twenty-four hours from French harbors. When the British wrath

flamed out at some overt act of the Americans, Vergennes appeased it

by vigorous and decisive acts of repression, aimed at the American

captains and agents. A past master in soft and plausible answers,

he excused flagrant violations of British rights by explaining that

every government had some tempestuous spirits which were hard to

control, and that the “avidity of gain” in merchants could not always

be restrained.

The British government could not object to the public acts of the

French government, or to the reception which it gave to the American

Commissioners, whom it received “privately with all civility,” but

avoided an open reception, as it was “cautious of giving umbrage

to England.” As regards its observance of the treaty of Utrecht,

and its inability to grant the freedom of its ports to American

vessels and their prizes, its declarations to the Commissioners

were in line with those which it made to Lord Stormont. On the

other hand, the Commissioners were given to understand, through

secret and informal channels, that the Colonies had the sympathy of

the French government; that so far as was consistent with French

treaties, they might expect favors and indulgences; that the ports

of France were open to American ships “as friends;” that ways of

disposing of American prizes which would not be offensive to England

might be found; and that other irregularities would be permitted

unnoticed.[352] The Commissioners pressed their favors as far as they

could safely go; indeed, so far, that at one time they endangered the

continuance of their friendly relations with the French Court.

The two prizes which the “Reprisal” carried into Nantes in December,

1776, were taken into the offing of that port and privately sold.

The “Reprisal” was quietly refitted, and in February, 1777, she made

a cruise off the coast of Spain and returned to L’Orient with the

Falmouth packet and four other English vessels. Lord Stormont made

vigorous remonstrances. The French government at once ordered the

“Reprisal” and her prizes to put to sea within twenty-four hours.

Nothing of this sort was done. The “Reprisal” remained in port, on

the ground that she had sprung a leak; and her prizes were secretly

sold for one-seventh of their value to French merchants, who, for the

sake of large profits, eagerly overlooked the irregularity of the

transaction.[353] Confident of the accuracy of the cues they were

receiving, the Commissioners now fitted out, manned, and officered at

Dunkirk the “Surprise,” Captain Gustavus Conyngham, and early in May,

1777, sent her cruising. Within a few days after his leaving Dunkirk,

Conyngham returned with the Harwich packet, and one other prize. The

storm raised by the British at so open and undoubted a violation of

their rights could be pacified only by more rigorous measures. The

French government therefore imprisoned Captain Conyngham and his

crew, and returned his prizes to their owners.[354]

Not at all disconcerted, the Commissioners fitted out a fleet,

consisting of the “Reprisal,” “Lexington,” and “Dolphin,” to

intercept the Irish linen ships. Captain Wickes was placed at its

head as commodore, and was instructed not to return to France unless

he found it absolutely necessary. Wickes got to sea during the first

of June. Missing the linen ships, he sailed quite around Ireland,

and captured or destroyed seventeen or eighteen sail of vessels;

he “most effectually alarmed England, prevented the great fair at

Chester, occasioned insurance to rise, and even deterred the English

merchants from shipping goods in English bottoms at any rate, so that

in a few weeks forty sail of French ships were loading in the Thames,

on freight, an instance never before known.”[355] The three vessels

returned to French ports about July 1.

Obviously there was a limit to the forbearance of the English

government, and it made it plain that this limit had been reached.

Lord Stormont was instructed to tell the French government that,

however desirous the British king might be to maintain peace, he

would not submit “to such strong and public instances of support and

protection shewn to the Rebels by a Nation that at the same time

professes in the strongest terms its Desire to maintain the present

Harmony subsisting between the two Crowns. The shelter given to the

armed Vessels of the Rebels, the facility they have of disposing of

their Prizes by the connivance of Government, and the conveniences

allowed them to refit, are such irrefragable proofs of support,

that scarcely more could be done if there was an avowed Alliance

between France and them, and We were in a state of War with that

Kingdom.”[356]

This last cruise of Wickes also threatened to endanger the

friendliness of the French Court and the Commissioners. Vergennes

wrote to them with some spirit, and insinuated that they had broken

their promises. “After such repeated advertisements,” he said, “the

motives of which you have been informed of, we had no reason to

expect, gentlemen, that the said Sieur Wickes would prosecute his

cruising in the European seas, and we could not be otherwise than

greatly surprised that, after having associated the privateers the

Lexington and the Dolphin to infest the English coast, they should

all three of them come for refuge into our ports. You are too well

informed, gentlemen, and too penetrating, not to see how this conduct

affects the dignity of the king, my master, at the same time it

offends the neutrality which his majesty professes.”

In their reply the Commissioners exhibited some knowledge of the

pleasing phrases of diplomacy. They said that they were “very

sensible of the protection afforded to us and to our commerce since

our residence in this kingdom, agreeable to the goodness of the

king’s gracious intentions and to the law of nations, and it gives

us real and great concern when any vessels of war appertaining to

America, either through ignorance or inattention, do anything that

may offend his majesty in the smallest degree.” They tried to shift

the blame of their captains’ return to French ports to the British

men of war that had chased the American vessels into safe retreats.

“We had,” they continued, “some days before we were honored by your

excellency’s letter, dispatched by an express the most positive

orders to them to depart directly to America, which they are

accordingly preparing to do.” There can be no doubt about the honesty

of these orders, for it was plain to the Commissioners that the

French government was not disposed to forgive further infringements

of neutral rights. By express orders of the French king the fleet of

Wickes was sequestered until it gave security that it should return

directly to America.[357]

Meantime the Commissioners had obtained the release of Conyngham and

his crew. He was now placed in command of the “Revenge;” and in July,

eluding the British, he sailed from Dunkirk, ostensibly for America.

He first cruised along the eastern coast of England, into the North

Sea and the region of the Baltic, then back through the straits of

Dover and into the Irish Channel, and finally into the Bay of Biscay,

anchoring at Ferrol, Spain, about the first of October. The terror

of his name, which his recklessness and daring greatly increased,

spread great alarm among the inhabitants of the British Isles. He

did not return again to France with the “Revenge.” This fact made

his cruise less annoying to the Commissioners, than the last cruise

of Wickes. Hodge, the agent of the Commissioners, who had given

bond to the French admiralty that the “Revenge” would not engage in

operations against the British, was arrested and thrown into the

Bastile; and Vergennes wrote a most severe letter, to be shown to the

Commissioners. Presently, when the wrath of the British had abated,

Hodge was released on the representation of the Commissioners that

he was a person of character, and that they could not “conceive him

capable of any willful offence against the laws of this nation.”[358]

About the middle of September the “Reprisal” and the “Lexington”

sailed for America; the “Reprisal” foundered on the Grand Banks

of Newfoundland, losing all on board except the cook; and the

“Lexington” was taken by the British off Ushant. With the departure

of these vessels the movements of the Continental fleet for 1777 in

European waters came to an end; as did also the nice task of the

Commissioners of conducting a naval war from a neutral country as a

base, without losing the friendship of that country, or involving

it in war. Had not hostilities broken out in 1778 between France

and England by reason of other causes, a repetition of the naval

operations of 1777, if permitted by the French, would very likely

have brought them on.

During 1778 two cruises were made in European waters, one by Captain

Tucker, and the other by Captain Jones. On April 1, 1778, the frigate

“Boston,” Captain Samuel Tucker, arrived at Bordeaux with John Adams,

the new Commissioner who was to succeed Silas Deane, as a passenger.

After refitting, Tucker made a short cruise in which he captured

four prizes. In August the “Boston,” in company with the frigate

“Providence,” and the ship “Ranger,” sailed for America. Some months

previous the “Ranger,” when under the command of Captain Jones, had

made an important cruise. Jones arrived in this vessel in France on

December 2, 1777. He expected to receive command of a frigate or a

ship of the line; but in this he was disappointed. On January 18,

1778, the Commissioners wrote to him that they could not procure such

a ship as he expected; and that they advised him, “after equipping

the ‘Ranger,’ in the best manner for the cruise you propose,” to

proceed “with her in the manner you shall judge best for distressing

the enemies of the United States, by sea or otherwise, consistent

with the laws of war and the terms of your commission.”[359]

From these orders it may be seen that Jones had in mind a descent on

the British coast. On April 10, 1778, he sailed for the Irish sea.

After capturing or destroying four vessels, he made an unsuccessful

attempt to burn the shipping at Whitehaven in Cumberland. He next

tried to take prisoner the Earl of Selkirk from his summer home at

St. Mary’s Isle, off the southwest coast of Scotland, but failed

to find him. These movements ashore naturally struck terror to the

inhabitants of the British Isles. Jones now crossed to Ireland,

and in the neighborhood of Belfast attacked the British naval

ship “Drake,” 20, Commander George Burdon. After an engagement of

seventy-four minutes, during which the “Ranger” was “skillfully

handled and well-fought,” the “Drake” struck her colors. Jones

arrived in Brest with his prize on May 10.[360] Many plans and

suggestions were now made by both the Commissioners and the French

government to supply Jones with some large ship from the French navy,

or to give him the command of a small fleet, but they all miscarried.

The ambitious and energetic American captain, chafing under his

enforced idleness, was not to make another cruise until fifteen

months had elapsed.

During 1779 and 1780 the Naval office at Paris was chiefly concerned

with the movements, conduct, and achievements of two captains in

the Continental navy, John Paul Jones and Peter Landais. Never

have the fortunes of war thrown into close association two men of

more striking contrasts. Jones was ardent, hopeful, and magnetic;

Landais sullen, quarrelsome, and repellent. Jones was a master of

men; from unpromising materials, swept together by the winds and

waves of diverse fortunes, he made most effective crews. Landais

was seldom on good terms with his officers or seamen, some of whom

were always dissatisfied and mutinous. Called to play their parts on

the same theater of war, the Scotchman achieved signal success and

distinction, and won the plaudits of the French king, of Congress,

and of his countrymen; while to the Frenchman fell the ill-will of

his own government, the hatred of Americans, and, in his dismissal

from the navy of the United States, dishonor and professional

disgrace.

In the spring of 1779 Franklin—now American minister at the Court of

France—the French government, and Lafayette planned an expedition

against the coast of England, which had in view especially the

striking of some of the larger English towns. Lafayette was to

command the French troops which were to be lent for the expedition,

and Jones, to whom the French government had, in February, given the

command of the “Bon Homme Richard,” formerly the “Duras,” an old East

Indiaman, was to command the sea forces. The “Alliance,” Captain

Landais, which vessel had recently arrived in France from America,

was to be a part of Jones’s fleet. This plan miscarried.

It was not until August 13 that Jones finally got to sea with a

fleet consisting of five naval vessels and two privateers. The two

chief vessels of the little fleet were the “Bon Homme Richard,” 42,

Captain Jones, and the “Alliance,” 36, Captain Landais. These two

officers had of course permanent commissions in the Continental

navy; the three French officers in command of naval vessels were

given temporary commissions in the Continental navy. The expense of

the cruise was borne by the French government; and the fitting out

of the fleet was superintended by Chaumont, the joint agent of the

French government and the American minister.[361] The destination of

the fleet was determined by the French government; and the orders

of Jones, the commodore of the fleet, were prepared by the French

Minister of Marine, translated and signed by Franklin, and sent to

Jones by Chaumont. The fleet sailed under the American flag. Its

principal object was the intercepting of the Baltic fleet of the

enemy.

The details of this memorable cruise are familiar to the reader,

and need not be repeated here. The fleet was scarcely at sea before

Landais became insubordinate, asserted his independence of Jones,

and left and rejoined his commodore when and where he chose. Sailing

first along the west coast of Ireland and then around Scotland, Jones

reached the east coast of Yorkshire, on September 23. He had by this

time taken seventeen ships, and had made an unsuccessful attempt

to reach Leith and Edinburgh, and lay them under contribution.

Off Flamborough Head Jones’s fleet, which was now reduced to the

“Bon Homme Richard,” “Alliance,” and “Pallas,” fell in with the

Baltic trade of forty-one sail and convoyed by His Majesty’s

ships, “Serapis,” 44, Captain Richard Pearson, and “Countess of

Scarborough,” 20, Commander Thomas Piercy. There now ensued an

engagement between the “Bon Homme Richard” and the “Serapis,” which

lasted more than three hours. It was one of the fiercest fights

recorded in the annals of naval warfare. For the greater part of

the engagement the two vessels were lashed together, stem to stern,

starboard to starboard, and with the muzzles of their guns touching.

Both ships were set on fire in various places, and the “scene was

dreadful beyond the reach of language,” to use Jones’s phrasing.

The “Bon Homme Richard” won the fight only through the brilliant

daring, the remarkable naval skill, and the intelligence in action

of her commander. She was so badly injured that she sank the second

day after the fight; her own crew were transferred to the “Serapis.”

The loss to the “Bon Homme Richard” was 116 men; to the “Serapis,”

129. During the fight of the “Bon Homme Richard” and the “Serapis,”

the “Pallas,” Captain Cottineau, and the “Countess of Scarborough,”

Commander Piercy, engaged each other, with the result that the

British ship was compelled to surrender. The “Alliance” took little

or no part in the contest, as her commander was sulking throughout

the engagement. The two prizes, the “Alliance,” and the “Pallas”

arrived at the Texel in Holland on October 3, 1779.[362]

A naval discord now arose, which tried the patience and temper of

Franklin. No sooner did Jones and Landais reach the Texel, than each

wrote to Franklin making charges against the other. Jones accused

Landais of gross insubordination and misbehavior and specifically

charged him with intentionally firing into the “Bon Homme Richard”

and killing a “number of our men and mortally wounding a good

officer.” The French government, which was inclined to attribute

the loss of the “Bon Homme Richard” and so many of her crew to the

conduct of Landais, took a hand in the dispute, and asked Franklin

to call Landais to account at Paris. In cases of this sort the Naval

Office had little authority or means to effect discipline in the

navy. A sufficient number of commissioned officers could not be

assembled in France to hold a court-martial; and if they could, it

was doubtful whether the Naval Office had the power to order such

a court. Their inability to hold courts-martial had been regretted

more than once by the American Commissioners. Landais came to

Paris, and Franklin investigated the case before friends of the two

disputants; but satisfactory evidence and witnesses could not be

obtained to prove or disprove the charges, so Franklin did the only

thing possible, by referring the dispute to Congress, and a properly

constituted court-martial in America. Franklin thought his inquiry

had one good effect, the preventing of a duel in Holland between the

two officers.[363]

On the coming of Landais to Paris, Franklin placed Jones in command

of the “Alliance.” After cruising through the English Channel to

Spain, Jones, in February, 1780, brought his vessel into L’Orient.

Acting under Franklin’s orders, Jones now refitted his vessel with

the purpose of returning to America with a cargo of supplies. In

the spring of 1780 Landais began to beseech Franklin to restore him

to the command of the “Alliance,” and he soon raised the question

whether the American minister at Paris had the power to remove him

from the command of a vessel to which Congress had appointed him. His

request was refused by Franklin in bald and vigorous terms. “I think

you,” Franklin wrote, “so imprudent, so litigious, and quarrelsome

a man, even with your best friends, that peace and good order, and

consequently the quiet and regular subordination so necessary to

success, are, where you preside, impossible.”[364] Later he charged

Landais “not to meddle with the ‘Alliance’ or create any disturbance

on board her, as you will answer the contrary at your peril.”[365]

About the first of June Jones left his vessel, and came up to Paris

to hasten the sale of his prizes. Landais now appeared at L’Orient,

raised a mutiny on board the “Alliance,” and, acting on Arthur Lee’s

advice, took charge of her. Early in July, without taking the stores

which had been assigned to his ship, Landais sailed for America. It

was on this passage that he developed a strangeness, a madness, some

say, that incapacitated him for his command. He was removed, and

the “Alliance” was sailed into Boston in charge of her lieutenant.

Landais was now tried by a court-martial and dismissed from the naval

service.

Meantime Jones and Franklin had succeeded in obtaining from the

French government the loan of the “Ariel.” Having loaded her

with supplies, Jones sailed for America on October 7, 1780; but,

encountering a storm which dismasted his vessel, he was compelled to

return to port. On December 18 he again put to sea; and in February,

1781, he reached Philadelphia.

With the departure of Jones, the European waters, for the first time

in four years, were clear of the armed vessels of the Continental

fleet. The venerable Franklin, vexed with the discords and details

of naval affairs, must have drawn a sigh of relief when the last

Continental vessel and captain had withdrawn from France. The most

disagreeable of his duties as “Admiral,” to use John Adams’s word

in this connection, now came to an end. Concerning his vexations,

Franklin wrote to one of his agents in the summer of 1780: “I

have been too long in hot water, plagued almost to death with the

passions, vagaries, and ill humours, and madnesses of other people.

I must have a little repose.”[366] He had now for some time been

writing to Congress, asking to be relieved of his naval duties. An

example of his requests may be extracted from a letter of March

4, 1780, to the President of Congress: “As vessels of war under

my care create me a vast deal of business (of a kind, too, that I

am unexperienced in), I must repeat my earnest request that some

person of skill in such affairs may be appointed, in the character

of consul, to take charge of them. I imagine that much would by

that means be saved in the expense of their various refittings and

supplies, which to me appears enormous.”[367]

From the beginning of 1781 until the close of the Revolution the

duties of the Naval Office at Paris were comparatively light. Few

armed vessels were sent from America to France; and those that

were, remained only long enough to refit, load with supplies, and

receive letters and despatches for America. Over such ships Franklin

exercised little or no control. The Agent of Marine, not wishing his

vessels to slip from his grasp when within the reach of orders from

Paris, sometimes directed his captains who were about to sail for

France to return home on a specified date. In May, 1782, he wrote

disapprovingly to Congress concerning the “delays and exorbitant

expenses which have accrued from the detention of public vessels

in Europe.”[368] Acting under the direct orders of Morris, Captain

Barry, in the “Alliance,” in February, 1782, left L’Orient and

cruised without success for seventeen days. This was the last cruise

in European waters which was made by a Continental vessel during the

Revolution.

On July 10, 1781, Congress gave Thomas Barclay a commission as

vice-consul to France in the place of William Palfrey, who had, in

November, 1780, been appointed consul to France, and had gone down

with the vessel on which he took passage.[369] In addition to his

strictly consular duties, Barclay was authorized to “assist in

directing our Naval affairs.”[370] When Barclay entered upon his

duties in France, our naval business was narrowing to the settling

of accounts. He was in time, however, to represent his country in

the trial and sale of a few prizes, to assist in the shipping of

some supplies, and to sell the Continental ship, “Duc de Lauzun.”

In November, 1782, Congress appointed Barclay a commissioner for

settling the Revolutionary accounts of the United States in Europe;

and in December Morris gave him his instructions.[371] Barclay was

directed to inquire into the accounts of the agents for fitting out

armed vessels in Europe, and to make a settlement with the various

prize agents into whose hands prizes or moneys derived from their

sale had come. Barclay’s duties, both as consul and as commissioner,

came to an end in the fall of 1785, when he was appointed to

negotiate a treaty with Morocco.

Some of the duties of Barclay as commissioner for settling accounts

were in December, 1783, vested in John Paul Jones. In accordance

with a resolution of Congress, Franklin appointed Jones agent of

the United States to solicit the payment of prize money, “in whose

hands soever the money may be detained,” arising from prizes captured

by vessels under Jones’s command in European waters.[372] Jones was

engaged in this work during 1784 and 1785. Under the sanction of

Thomas Jefferson, the American Minister at Paris, Jones in 1786 set

out for Copenhagen, to settle a dispute with the Danish Court over

three of his prizes. These ships had been captured, in 1779, by the

fleet under his command, and had been sent into Bergen, Norway. The

Danish government had restored them to the British. Jones’s journey

was interrupted and he did not reach Copenhagen until 1788. The

Danish government now transferred the settlement of the disputed

claims to Paris, pleading that Jones had not sufficient authority

to treat. By June, Jones had left Copenhagen, had accepted the

commission of Vice-Admiral in the Russian navy, and was writing

from his flagship “Wolodimer” to his friend Jefferson at Paris. The

Revolutionary accounts in Europe possessed the usual vitality, not to

say immortality, of government claims. Certain Revolutionary claims

of South Carolina, growing out of expenses which that state incurred

in Europe in connection with the ship “Indian,” are now pending

before the government at Washington.

In the West Indies the chief naval station for the Continental

vessels was St. Pierre, Martinique. Bound on commercial errands,

our vessels occasionally visited St. Eustatius, until its capture

by the British in February, 1781; Cape Francois, Hispaniola; and in

the late years of the war, Havana. The United States had commercial

agents at these three ports. But at Martinique our vessels were

refitted, repaired, and provisioned whenever convenience suggested,

or stress of weather compelled, the seeking of a friendly harbor in

this part of the Atlantic. In June, 1776, William Bingham, who had

been the secretary of the Committee of Secret Correspondence, went to

Martinique as the commercial agent of Congress; and in March, 1780,

he was succeeded by Parsons, Alston and Company.

The commercial agent at Martinique did a varied and lively business.

He was employed in shipping supplies, obtaining convoys for his

merchantmen, refitting privateers, and now and then Continental

vessels, disposing of prizes, and forwarding to Congress naval

intelligence concerning the West Indies and Europe. Congress at times

sent despatches and supplies to France by the way of Martinique; and

the American representatives and commercial agents in France, now and

then, communicated with the United States through the same island.

In October, 1777, Bingham wrote to Congress that, if France should

declare war against Great Britain, many prizes would naturally be

sent into Martinique, and that he wished to be directed about proper

forms and methods for trying and selling them.[373] In December

American prizes and privateers were being publicly received into

the ports of Martinique, and Bingham was shipping arms to America

on board American vessels under the convoy of a frigate which he

had hired for that purpose. In January, 1778, the permitting of

these favors was causing spirited letters between the “General” of

Martinique and the Governor of the British island of Antigua.[374]

During 1779 three Continental vessels, the “Deane,” “General Gates,”

and “Confederacy,” put into Martinique to refit, repair, and obtain

provisions. The expense to which Bingham’s empty treasury was

subjected caused him to complain to Congress. The only Continental

armed vessel purchased at Martinique was the little schooner

“Fame,” 7 guns. The commercial agent made this purchase on his own

responsibility in February, 1781, in order to carry to Philadelphia

the news of the capture of St. Eustatius by the British. But

unfortunately, the “Fame” was forced to bequeath her errand to a

better-fated conveyance, as the British carried her into Antigua.[375]

Our naval affairs on the Mississippi during the Revolution, although

conducted on a small scale, are not devoid of interest; nor do

they entirely escape the glamour of romance which seems to touch

everything connected with the early history of this region. Oliver

Pollock, originally a Pennsylvanian, and a man of ability, integrity,

and patriotism, who freely spent his private fortune for his country,

was the commercial agent at New Orleans during the Revolution, and

to him fell sundry naval duties. Pollock was responsible to the

Commercial Committee, the third committee of Congress that was

simultaneously purchasing and arming vessels. He was intelligently

and heartily assisted in his work at New Orleans by the Governor of

Louisiana, Galvez, “that worthy Nobleman,” as Pollock called him, who

“gave me the delightful assurance that he would go every possible

length for the interest of Congress.”[376] It is refreshing to

find for once American and Spanish officials acting in concert and

inspiring mutual confidence and affection. Early in 1777, immediately

after Galvez became governor, he, with slight limitations, opened

the port of New Orleans to American vessels of war and their prizes.

Galvez’s favors to Americans called down upon him the threats of the

British at Pensacola to have his conduct brought to the attention of

the Court at Madrid.

Pollock received from Congress blank commissions both for officers in

the Continental navy and for privateers. One of the privateers which

he commissioned, the “Reprisal,” Captain Calvert, sent into a safe

port, in April, 1778, a prize whose cargo consisted of flour, sugar,

coffee, and forty-eight slaves.[377] In March, 1778, Captain Willing

and a small party of men arrived in New Orleans from Pennsylvania,

having come by the way of the Ohio and Mississippi rivers. They

captured several prizes on the Mississippi, which were sold in New

Orleans to the value of $37,500. One of these, the “Rebecca,” Pollock

bought for Congress on his own responsibility. He obtained permission

from Galvez to fit out his ship in a warlike manner; and he decided

upon an armament, consisting of “16 six pounders upon one Deck, 2

Bow and 2 Stern Chacers, 8 four pounders upon her quarter Deck,

with Swivels, Cohorns, &c.”[378] He intended to enlist one hundred

and fifty men and send his ship against His Majesty’s sloop of war

“Sylph,” which was defending Manchac on Lake Pontchartrain. Pollock

planned to obtain most of his armament from Havana, but the Spanish

authorities refused to permit its shipment even after Galvez had

written to the Cuban government.[379]

By July, 1779, Pollock had succeeded in obtaining and mounting

twenty-four guns on the decks of his ship, which he had now

christened the “Morris” in honor of his well-known friend at

Philadelphia. He had appointed a full quota of officers; and he had

engaged seventy-six men, with “English deserters arriving daily”

to swell the complement. The captain of the “Morris” was William

Pickles, a man found to be “capable and steady to our Cause.” Pollock

had now for some time been waiting for orders for his vessel from

Philadelphia; and tired of delay he was on the point of sending the

“Morris” cruising, when a severe hurricane swept over New Orleans

doing great damage to the town and its shipping. The “Morris” was

lost, and eleven of her crew were drowned; the rest were rescued nine

miles below the city clinging to the wreckage of their vessel.

Governor Galvez’s heart was touched by the loss of the Americans.

He now “spared” Pollock an armed schooner, which was soon fitted

out, and by September Pickles was cruising on Lake Pontchartrain. On

September 10 Pickles had a short, but hot, dispute with the British

armed sloop “West Florida,” which was forced to surrender, although

it lost but four men to Pickles’s eight. Pollock now fitted out the

“West Florida,” and sent her cruising on the Lake. On September 21

Pickles captured a small British settlement on the north side of Lake

Pontchartrain. He made prisoners of all the inhabitants who refused

to swear allegiance to the United States. This capitulation, Pollock

wrote to Congress, gave them an undoubted right to that part of the

colony of West Florida which lay along Lake Pontchartrain; and he

conceived, in language that sounds familiarly like that of later

expansionists, that the capitulation was “a proper Ground on which to

claim (at any convenient period) the Sovereignty of the Soil and the

Allegiance of the Inhabitants.”[380]

In October, 1779, the “West Florida” cruised on the Lake at the

request of Galvez for the protection of trade. Letters from

Philadelphia now made it evident to Pollock that Congress wished the

naval force on the Mississippi to proceed to that town. He therefore

on January 20, 1780, gave Pickles orders to sail for Philadelphia

after taking on a cargo of tafia and sugar at Havana; but he directed

Pickles, before entering on this detail, to join the fleet of Galvez

and to assist in the reduction of Mobile and Pensacola.[381] This

was an undertaking which Pollock had long assigned to an American

fleet and army; and since 1777 he had urged it most audaciously upon

Congress. After aiding in the capture of Mobile and taking a small

prize which she sent into that town, the “West Florida” proceeded

to Philadelphia, where she arrived about the first of June, 1780.

Since it appeared to a committee of Congress that the “West Florida”

was not fit for a cruiser, she was sold, and her crew was assigned

to other Continental vessels.[382] Captain Pickles was placed in

command of the “Mercury” packet and detailed to take Henry Laurens

to Amsterdam. Here ends the story of the Revolutionary navy on the

Mississippi.

FOOTNOTES:

[348] Wharton, Diplomatic Correspondence, II, 296-97, 355-58, 370.

[349] Ibid., 119-20, Deane to Committee of Secret Correspondence,

August 18, 1776.

[350] Wharton, Diplomatic Correspondence, II, 178-79.

[351] Stevens’s Facsimiles, 1392, 1-2, Lord Stormont to Lord

Weymouth, December 18, 1776.

[352] Wharton, Diplomatic Correspondence, II, 283-84, 364, 379.

[353] Wharton, Diplomatic Correspondence, II, 379-80; Stevens’s

Facsimiles, 1445, 1536, 1568.

[354] Stevens’s Facsimiles, 1529, Lord Stormont to Lord Weymouth, May

8, 1777.

[355] Stevens’s Facsimiles, 703, 1539; Wharton, Diplomatic

Correspondence, II, 379-80, Deane to Robert Morris, August 23, 1777.

[356] Stevens’s Facsimiles, 1562, Lord Weymouth to Lord Stormont,

July 4, 1777.

[357] Stevens’s Facsimiles, 1677; Wharton, Diplomatic Correspondence,

II, 364-66, Vergennes to Commissioners at Paris, July 16, 1777, and

Franklin and Deane to Vergennes, July 17, 1777.

[358] C. H. Jones, Captain Gustavus Conyngham, 15-17; Outlook

for January 3, 1903, 71-83, James Barnes, Tragedy of the Lost

Commission; Hale’s Franklin in France, I, 139; Wharton, Diplomatic

Correspondence, II, 375, 377, 406.

[359] Wharton, Diplomatic Correspondence, II, 471-72.

[360] Sherburne’s John Paul Jones, 43-53, Jones to Commissioners, May

27, 1778; Clowes, Royal Navy, IV, 11-13.

[361] Wharton, Diplomatic Correspondence, III, 242.

[362] Sherburne’s John Paul Jones, 111-125, Jones to Franklin,

October 3, 1779, giving an account of cruise; Clowes, Royal Navy, IV,

33-39.

[363] Wharton, Diplomatic Correspondence, III, 375-77, 378-79, 535,

547-49, 562-63; IV, 293; Bigelow’s Franklin, VII, 108-09.

[364] Hale, Franklin in France, I, 327-28; Chapter XVII, Captain

Landais, prints many original letters connected with the dispute.

[365] Hale, Franklin in France, I, 330-31.

[366] Bigelow’s Franklin, VII, 97-98, Franklin to Jonathan Williams,

June 27, 1780.

[367] Wharton, Diplomatic Correspondence, III, 535.

[368] Force Transcripts, Library of Congress, 137, 3, p. 313.

[369] Journals of Continental Congress, November 4, 1780; July 10,

1781.

[370] Force Transcripts, Library of Congress, 137, 1, p. 463,

Instructions to Barclay.

[371] Journals of Continental Congress, November 18, 1782; Force

Transcripts, 137, p. 55, Instructions to Barclay.

[372] Journals of Congress, November 1, 1783; C. H. Lincoln, Calendar

of John Paul Jones Manuscripts, 188, Franklin to Jones, December 17,

1783.

[373] Records and Papers of Continental Congress, 90, p. 9.

[374] Ibid., 90, pp. 21, 27.

[375] Force Transcripts, Library of Congress, 137, 1, p. 357.

[376] Records and Papers of Continental Congress, 50, pp. 1-13,

Pollock to President of Congress, a _résumé_ of Pollock’s services as

commercial agent at New Orleans.

[377] Records and Papers of Continental Congress, 50, p. 66.

[378] Ibid., 50, pp. 77-81.

[379] Records and Papers of Continental Congress, 50, p. 97.

[380] Records and Papers of Continental Congress, 50, p. 120, Copy of

Capitulation of Inhabitants of the Settlements on Lake Pontchartrain,

dated October 16, 1779, with signatures of nineteen men.

[381] Records and Papers of Continental Congress, 50, pp. 123-25,

Pollock to Pickles, January 20, 1780.

[382] Force Transcripts, Library of Congress, 137, 2, p. 281; 37, p.

95.

PART II

THE STATE NAVIES

CHAPTER XI

THE NAVY OF MASSACHUSETTS

With the exception of New Jersey and Delaware, each of the thirteen

original states during the Revolution owned one or more armed

vessels. Massachusetts, Connecticut, Pennsylvania, Maryland,

Virginia, and South Carolina had the largest fleets. New Hampshire

with its one ship and Georgia with its four galleys just escaped from

being in the same class with New Jersey and Delaware. The navies of

Rhode Island, New York, and North Carolina were small. The navy of

no one state was so large as that of Congress. The total number of

state craft, however, greatly exceeded the number of vessels in the

Continental navy. The state vessels on the average were smaller and

not so well armed as the Continental vessels. The states generally

had less means for naval purposes at their disposal than had

Congress, and were therefore not so well able to build large vessels.

Then, too, the chief need of each state for a navy was to defend its

seaports, coasts, and trade. For such service small craft, adapted

for running in and out of shallow harbors, rivers, and bays, was

demanded. The states therefore provided themselves with armed boats

of various sizes, galleys with and without sails, half-galleys,

floating batteries, barges, and fire-ships. Besides such vessels as

these, most of the states had a few larger and stouter sailing craft,

mounting generally from ten to twenty guns, and fairly well fitted

for deep-sea navigation. The one state whose deep-sea exceeded its

inshore craft was Massachusetts.

The history of naval administration in the several states possesses

some common features. It will be recalled that in most of the states

the provincial government about the year 1775 was superseded by

a revolutionary government, and this in turn about a year later

was succeeded by a permanent state government. The revolutionary

government consisted of a legislative body, or provincial congress,

and an executive body, or committee of safety. The permanent state

government consisted of a legislature of one or two houses and an

executive, which was either a council, or a governor and council.

The initial naval administration in the states usually fell to the

committee of safety, or revolutionary executive, which, upon the

change to a permanent state government, bequeathed its naval duties

to the council or to the governor and council. In most of the states

the details of naval administration were at some time during the

Revolution lodged with an executive board. Some states had separate

boards for naval and military affairs; in other states, one board

performed both functions.

The history of naval administration in the states falls into two

periods, one embracing the years from 1775 to 1778, the other the

years from 1779 to 1783. In the first period each state procured a

naval armament, as a rule, for the general purpose of providing a

naval defence, and not to meet some specific call for armed vessels.

By 1779 the first naval craft had been largely captured, destroyed,

or sold; and often the first machinery of naval administration

had been in large part removed. In response to special needs for

armed vessels, calls for which came most often from those who were

suffering from the ravages of the British fleets, the states now

procured additional vessels, and often devised new administrative

machinery to manage them.

In defensive warfare, the problem in each state was to provide for

the defence of its ports, trade, coasts, and shipping. The offensive

warfare of the state navies, which was quite secondary in importance,

consisted chiefly of commerce-destroying, conducted along the great

ocean-paths of British trade. The principal problem here was for the

American vessels in leaving home ports and in returning with their

prizes to elude the British vessels, which hovered along the American

coast, especially at the mouths of the Chesapeake, Delaware, and

Narragansett bays. It is always to be remembered that in all the

states the privateers exceeded the state craft, which were often

insignificant in comparison.

The reader recalls that in June, 1775, the battle of Bunker Hill was

fought, a British army occupied Boston, and British vessels sailed

the New England seas with little or no opposition. These vessels

had already committed depredations and “piracies” upon the coasts

and trade of Massachusetts, and were obstructing the importation

of ammunition and provisions for the Continental army. It was

under these circumstances that Massachusetts took her first step

towards procuring a naval armament. On June 7 her third Provincial

Congress appointed a committee of nine “to consider the expediency

of establishing a number of small armed vessels, to cruise on our

sea coasts, for the protection of our trade, and the annoyance of

our enemies.” The Provincial Congress, which moved very cautiously,

enjoined secrecy on the committee. On June 10 three additional

members were added to the committee; but later in the day a new

committee consisting of seven members was apparently substituted for

the old one. On June 12 the committee “appointed to consider the

expediency of establishing a number of armed vessels” made a report

which provided for the fitting out of not less than six vessels,

to mount eight to fourteen carriage guns, and to cruise under the

orders of the Committee of Safety—the chief executive organ of the

Provincial Congress consisting of nine members, three of whom were

from Boston. This report came up several times between June 12 and

June 20. Finally on the latter date “the matter was ordered to

subside.”[383] The Battle of Bunker Hill which was fought on June

17 may have had something to do with this action of the Provincial

Congress.

On July 19, 1775, the Revolutionary government in Massachusetts

was superseded by a permanent government consisting of a House of

Representatives and a Council of eighteen members elected by the

House; the two houses were called the General Court. The continued

depredations of the British now caused several endangered ports to

ask the General Court to provide them with a naval defence. The part

of Massachusetts which during the Revolution was most exposed to the

attacks of the British, and which was most troublesome to defend,

was the coast of Maine, then often referred to as the Eastern Coast.

In August, 1775, a petition came to the General Court from Machias,

a town situated on the Maine coast a few miles west of the present

Eastport, asking that commissions be granted to officers and men on

board two armed vessels which citizens of Machias had fitted out for

the defense of their town. In response the General Court took into

the service of the state the sloop “Machias Liberty” and the schooner

“Diligent.”[384] Jeremiah O’Brian, one of the men who had signed

the petition, was commissioned by the Council commander-in-chief of

the two vessels; and he was directed to enlist a number of men, not

to exceed thirty, for each vessel. The “Machias Liberty” and the

“Diligent” were in the service of the state until October, 1776, when

they were discharged. About the first of October, 1775, Salem and

Newburyport each asked the General Court for naval aid similar to

that granted to Machias, but did not receive it.[385]

The General Court of Massachusetts next turned its attention to

privateering. The acts of the states on this head fall into two

general classes; those which in terms established state privateering,

and those which adopted Continental privateering or accommodated

state laws to the same. After the first half of 1776 all the states

used Continental commissions and bonds. Massachusetts, moving in this

matter before Congress, necessarily established state privateering.

On September 28, 1775, her House of Representatives, having such

establishment in view, appointed a committee of seven to consider the

“Expediency of fitting out a Number of Armed Vessels.” On October 9,

this committee reported in favor of instituting privateering and a

prize court to try cases of capture. On October 14 a bill embodying

the committee’s recommendations was introduced. It now passed slowly

through the legislative mill, and on November 1 it became a law.[386]

John Adams once referred to this statute of Massachusetts as one

of the most important documents in the history of the Revolution.

Its preamble was the work of Elbridge Gerry, and the body of the

law was drafted by James Sullivan, many years later Governor of

Massachusetts.[387] Gerry stated the sanctions for the law. These

he found in the arbitrary and sanguinary acts of Great Britain, in

the charter of Massachusetts granted by King William and Queen Mary,

and lastly in the resolution of the Continental Congress of July

18, 1775, recommending each colony to provide by armed vessels or

otherwise for the protection of its harbors and navigation.

The Massachusetts law provided that all vessels convicted of making

unlawful invasions or attacks on the seacoasts or navigation of any

part of America should be forfeited. The Council was authorized to

grant letters of marque and reprisal to masters and owners of vessels

upon their entering into bond faithfully to discharge the duties

of their office and to observe the naval laws of the colony. Three

admiralty districts embracing the counties on the Massachusetts

seacoast were established. The Southern district with the seat of its

court at Plymouth embraced Plymouth county and the counties to the

southward; the Middle district with the seat of its court at Ipswich

embraced the counties of Suffolk, Middlesex, and Essex and extended

from Plymouth county to New Hampshire; and the Eastern district

with the seat of its court at North Yarmouth embraced the seacoast

counties of Maine. The form of procedure in these courts was fixed

for both captured and recaptured vessels. In the latter case salvage

was from one-third to one-fourth of the selling price of the vessel.

The facts in prize cases were to be tried by twelve good and lawful

men. At this time the people of Massachusetts were so enraged at

the judges of the former Provincial admiralty court that they would

have universally condemned the trying of facts in prize cases by

judges.[388]

The Council soon appointed three judges of admiralty, Nathan Cushing

for the Southern district, Timothy Pickering for the Middle district,

and James Sullivan for the Eastern district. Elbridge Gerry declined

the judgeship for the Middle district. After trying about one hundred

and fifty prize cases, Pickering in June, 1777, resigned, and was

succeeded by Nathan Cushing, who now served as judge in both the

Southern and Middle districts.[389] Comparatively few cases were

tried in the Southern and Eastern districts. Timothy Langdon was for

a long time judge of the Eastern district.

During the fall of 1775 the General Court took no steps towards

establishing a state navy. It was at this time assisting Washington

in obtaining and arming vessels for the Continental military service

around Boston. Early in December the House of Representatives,

acting on a recommendation contained in a letter from John Adams

at Philadelphia, resolved to obtain statistics on the number of

officers, seamen, and vessels, suitable for naval purposes, in the

seaports of Massachusetts. On December 29 the Council declared for

a navy by passing the following resolution: “Whereas several of the

United Colonies have of late thought it expedient and necessary

to fit out armed Vessels for the Defence of American Liberty, and

it appears to this Court necessary that Measures be taken by this

Colony for our further Protection by Sea: Therefore, Resolved that

John Adams and Joseph Palmer, Esqurs. with such as the Hon. House

shall join be a committee for fitting out one or more Vessels for the

Defence of American Liberty.”[390]

The House at once appointed its members of the committee, which

on January 12, 1776, made a report favorable to the establishment

of a navy.[391] Accordingly, on February 7 a resolution passed

the General Court to build ten sloops of war, of 110 or 115 tons

burden, each, suitable for carrying fourteen to sixteen carriage

guns, 6-pounders and 4-pounders. A joint committee of the two houses

was appointed to build the vessels, and £10,000 was voted for that

purpose.[392] On the 16th the committee was authorized to contract

for the building of only five vessels, until there was a prospect of

procuring materials for ten; it was authorized to buy five vessels,

if it thought best.[393] By July, 1776, the sloop “Tyrannicide” built

at Salisbury, the brigantine “Rising Empire” built at Dartmouth,

and the brigantine “Independence” built at Kingston were ready for

sea; and by September the sloops “Republic” and “Freedom” built at

Swanzey, and the “Massachusetts” built at Salisbury were completed.

Meanwhile the General Court had prepared and adopted the legislation

necessary to establish a navy. It had drafted proper naval forms;

and it had appointed a number of naval officers. A partial pay-table

was established on February 8.[394] This on April 12 was succeeded

by a new one, which generally raised wages, and which provided for

a number of new offices. A captain was now to receive a monthly

wage of £8; a first lieutenant, £5, 8s.; a second lieutenant, £5;

a master, £4; a mate, £3; a surgeon, £7; and an ordinary seaman,

£2. Each vessel was to be provided with 115 officers and seamen. No

better proof of the rawness of the naval service is needed than that

afforded by the regulation that recruits, whether officers, seamen,

or marines, should furnish themselves with “a good effective Fire

Arm, Cartouch Box, Cutlass, and Blanket.” The captains were ordered

to recommend to the Council a list of inferior officers and to

enlist the proposed number of seamen and marines. Captors were given

one-third of the proceeds of prizes.[395]

On April 27, 1776, the General Court fixed the respective shares

of the proceeds of prizes for officers and seamen: a captain was

to receive six shares, and “all the Cabbin Furniture;” a first

lieutenant, five shares; a drummer, one and one-fourth shares; a

seaman, one share; and a boy, one-half a share.[396] On April 29,

in order to encourage enlistment, an advance of one month’s wages

was voted to recruits. On the same day it was decided that “the

Uniform of Officers be Green and White, and that the Colours be a

white Flagg, with a green Pine Tree, and an Inscription, ‘Appeal to

Heaven.’”[397] On July 26 the Council appointed a prize agent in each

of the three admiralty districts, whose duty was to represent the

state in receiving, trying, and selling prizes.[398] At times the

prize agents assisted in fitting out vessels.

During the first half of 1776 the law of November 1, 1775,

establishing privateering, was three times amended and

remodelled.[399] The law was thereby accommodated to the resolutions

of the Continental Congress fixing the kinds of property subject

to capture, and the respective shares of captors and recaptors.

Doubts which had arisen as to the proper construction of the

original act were now removed. The procedure before admiralty courts

was made more specific. In cases of captures made by Continental

vessels, appeals were permitted from state admiralty courts to the

Continental Congress; in all other cases, appeals were allowed to the

superior state courts. In each of the three admiralty districts in

Massachusetts additional towns were named where court might be held.

The towns named for the Middle district were Boston, Salem, Ipswich,

and Newburyport.

During the summer and fall of 1776 the instructions and orders to the

captains of the armed vessels were issued to them by the Council,

having been previously prepared by a committee. The following

instructions, which were drafted by Thomas Cushing and Daniel

Hopkins, were given to Captain John Fisk, and will suffice as a

sample of such documents:

“The Brigantine Tyrannicide under your Command being properly Armed

and Man’d and in other respects fitted for a Cruise you are hereby

Ordered and directed immediately to proceed to sea and use your

utmost Endeavors to protect the Sea Coast and Trade of the United

States and you are also directed to exert yourself in making Captures

of all Ships and other Vessels Goods Wares and Merchandise belonging

to the King of Great Britain or any of his subjects wherever residing

excepting only the Ships and Goods of the Inhabitants of Bermuda

and the Bahama Islands—You are directed not to Cruize further

Southward than Latitude Twelve North nor farther East than Longitude

Nine Degrees West from London nor farther West than the Shoals of

Nantucket. At all times using necessary precautions to prevent your

Vessel from falling into the hands of the Enemy.

“And Whereas you have received a Commission authorizing you to make

Captures aforesaid and a set of Instructions have been delivered

you for regulating your Conduct in that matter; these Instructions

you are Hereby directed diligently to attend to, and if you are so

fortunate as to make any Captures you are to Order them to make the

first safe Harbor within the United States.-and you are further

Ordered not to expend your Ammunition unnecessarily and only in time

of Action or firing Alarm or Signal guns.”[400]

Until October, 1776, the Massachusetts navy was administered by

the General Court, committees of its members, the Council, and

naval agents. The General Court for the period of its recess in

May, 1776, placed the armed vessels in the charge of “the committee

for fortifying the harbor of Boston.” By the fall of that year it

realized that “secrecy, dispatch, and economy in conducting the war”

demanded a special executive department. Accordingly, on October

26 it established a Board of War consisting of nine members, any

five of whom constituted a quorum. The Board of War was “empowered

to Order and Direct the Operations of the Forces in the Pay of

this State, both by sea and land, by giving the Commanders of the

Troops, Garrisons, and Vessels of War, such Orders for their Conduct

and Cruizes from time to time as they shall think proper.”[401]

It organized by electing a president and secretary; and it rented

permanent quarters near the State House in Boston. In December, 1776,

James Warren, later Commissioner for the Continental Navy Board at

Boston, was president of the Board of War. Philip Henry Savage was

for a long time its president. Savage presided at the meeting in

1773 at Old South Church which decided that the tea should not be

landed.[402] The Board of War entered upon its work with vigor in

November, 1776. It was yearly renewed, until it was dissolved in

February, 1781.

The principal business of the Board of War was the administration of

the naval, commercial, and military affairs of the state. Its naval

and commercial duties were quite engrossing. The Board kept fairly

distinct the activities of its “armed” and “trading” vessels. It is

true that the armed vessels were now and then sent on commercial

errands, or combined in a single voyage naval and trading duties.

The sloop “Republic,” used for a short time as a naval vessel, was

taken into the commercial service. The Massachusetts Archives contain

a list of thirty-two trading vessels owned or chartered by the Board

of War.[403] These vessels visited Nantes, Bilbao, Martinique,

Guadaloupe, St. Eustatius, Cape Francois, Baltimore, and the ports

of North and South Carolina. They carried as staple exports, fish,

lumber, and New England rum.

As a rule the work of the Board of War in looking after its trading

vessels exceeded its naval work. At times, as in the case of the

Penobscot expedition, the naval duties were the important ones. A

week’s work of the Board in behalf of its armed vessels shows a

curious mixture of orders on the commissary-general for clothing

and provisions, and on the state storekeeper for naval stores; and

of directions to the prize agents, the agents for building armed

vessels, and the naval captains. The General Court permitted the

Board a rather free hand in its management of the navy. The Board

carried on a considerable correspondence with the commanders of the

armed vessels. The following letter written to the Board by Captain

John Clouston of the armed sloop “Freedom” on May 23, 1777, from

Paimboeuf, France, will illustrate this correspondence from the

Captain’s side. Clouston’s disregard of orthography and punctuation

is exceptional even for a Revolutionary officer.

“Gentlemen:

I have the pleasure of Informing your Honours by Capt. Fisk of the

‘Massachusetts’ That on the first Instant I arrived safe in this

Port after taking twelve Sail of Englis Vessels Seven of which

I despatched for Boston Burnt three gave one smal Brigg to our

Prisners and one Retaken by the ‘Futereange’ which Chast us fore

Glasses and finding she Could not Cume up with us she gave Chase

to our Prize and toock her in our sight—I have Cleaned & Refited

my Vessel and Taken in forty Tons of War like Stores and have bin

waiting for a wind to go this fore days—Capt. Fisk being short of

Provisions I have supplied him with foreteen Barels of Pork and

Eleven of Beef and have Suffisantse for my Vessel left.”[404]

In January, 1777, a new sea establishment was effected. Wages were

generally raised, no doubt chiefly to meet their decrease caused

by the depreciation of the currency. A captain was now to receive

a monthly wage of £14, 8s.; a lieutenant or a master, £7, 4s.; a

seaman, £2, 8s.; and a boy, £1, 4s. The offices established in the

Massachusetts navy, while not quite so many, were in general the

same as those in the Continental navy. The Massachusetts navy,

however, had the offices of prizemaster, pilot, and boy, which

did not occur in the Continental list. Following the regulations

of Congress, the General Court now gave captors one-half of their

captures. The rations for seamen were modelled on the Continental

bill of fare.[405] On March 21, 1777, the General Court adopted

rules and regulations for its ships of war; and it ordered that

they should be read by the commanding officer of a vessel at least

once a week. These rules, while briefer than the Continental rules,

naturally followed the same general lines. They show either the

influence of the Continental rules or of the English rules upon

which the Continental rules were based. The following curious rule

in part parallels quotations made from the Continental rules in

Chapter I:

“And if any Person belonging to either of such Vessels shall be

convicted of Theft, Drunkenness, profane Cursing, or Swearing,

disregarding the Sabbath, or using the Name of God lightly, or

profanely, or shall be guilty of quarreling or fighting, or of

any reproachful or provoking Language tending to make Quarrels,

or of any turbulent or mutinous Behavior, or if any Person shall

sleep upon his Watch, or forsake his Station, or shall in any wise

neglect to perform the Duty enjoined him, he shall be punished for

any of the said Offences at the Discretion of the commissioned

Officers of such Vessel, or the Major Part of them, according

to the Nature and Aggravation of the Offence, by sitting in the

Stocks, or wearing a wooden Collar about his Neck, not exceeding 4

Hours, nor less than one, or by whipping, not exceeding 12 Lashes,

or by being put in Irons for so long Time as the said Officers

shall judge the Safety and well being of the Ship and Crew

requires, or otherwise shall forfeit to the State not more than

six, nor less than two Days Pay for each offence.”[406]

During every year of the Revolution attempts were made to increase

the Massachusetts navy. In the fall of 1777 the brigantine “Hazard”

was added. On August 6, 1777, the General Court resolved that, since

the armed vessels at the lowest computation had netted the state

£55,000, the Board of War should purchase or build two vessels

mounting 28 and 32 guns, respectively. In January, 1778, it reduced

the sizes of these vessels almost one-half; and finally it gave up

building them.[407] In the spring of 1779 a prize of the “Hazard,”

the brigantine “Active,” taken in April off the island of St. Thomas

in the West Indies, was purchased.[408] In April, 1778, the General

Court resolved to build a frigate of 28 guns, which would carry two

hundred officers and men.[409] This vessel was built at Newburyport

and was named the “Protector.” In the fall of 1779 it was nearing

completion. The launching of the “Protector,” which was the largest

ship in the Massachusetts navy, was a matter of more than usual

local interest. Stephen Cross who was in charge of the construction

of the frigate wrote a letter to the Board of War in July, 1779,

which throws light upon the minor naval duties of the Board. Cross’s

language is somewhat involved, but his meaning is clear; it is hardly

necessary to say that the “souring” refers to lemons.

“Gentlemen.

it being customary for the owners of Vessels when they are Launched

to give the Workmen something Better than New England Rum to drink

& Likewise some thing to Eat and also all those Persons who Attend

the Launching Expect to be asked to Drink and Eat something and

Especially Publick Vessells it will be Expected that something be

Provided and it is my opinion about sixty Galls of West India Rum &

sugars for the same & souring if to be had and one Quarter Cask of

Wine and A Hamper of ale or Beer together with a Tierce hams Neet

Tongs or Corn Beef will be necessary to comply with the Customs in

these Cases.”[410]

After August, 1779, when the disaster on the Penobscot occurred,

the naval duties of the Board of War were slight. For a time the

“Protector” was the only vessel in the navy. With the coming in of a

new government under a Constitution on October 25, 1780, there was

no longer much need for a Board of War. According to the provisions

of the new Constitution, the Governor was commander-in-chief of

the navy; and he was authorized to “train, instruct, exercise, and

govern it,” and to call it into service in time of war. On February

8, 1781, the Board of War was discontinued, and Caleb Davis, who was

appointed Agent of the Commonwealth, succeeded to its ministerial

duties.[411] The Governor and the Agent now shared the naval duties.

The Governor commissioned officers, issued orders to the naval

commanders, and was responsible to the General Court; the Agent

had direct oversight of the fitting out of vessels, the selling of

prizes, and was responsible to the Governor. As the Revolution spent

itself the simplification of the administrative machinery of the

state continued. On January 1, 1783, the Agent was discontinued. His

naval duties fell to the Commissary-General.[412]

During each year from 1780 to 1783 the General Court made one or more

attempts to increase the naval force of the state. It was spurred to

action by the ravages of the British cruisers on the Eastern Coast.

On March 21, 1780, two armed vessels mounting not less than ten or

more than fourteen 4’s or 6’s were ordered. The expense incurred was

to be met by the sale of the “Rising Empire” and of the confiscated

estates of Loyalists, and from the rents of the property of

absentees. On March 6, 1781, the Agent was directed to obtain a small

vessel of eight to twelve guns to serve as a tender for the “Mars;”

and on April 23, he was ordered to procure by hire or purchase two

small craft to be employed as “guarda coasta.” On November 12,

1782, a committee was appointed to purchase a vessel of twelve or

sixteen guns to be used in protecting the coast. On March 26, 1783,

the Commissary-General was ordered to obtain a small vessel and a

whale boat to cruise against the enemy in Casco Bay and along the

Eastern Shore.[413] As the result of these resolutions, four armed

vessels were added to the navy: in the spring of 1780 the “Mars;” in

the summer of 1781, the “Defence;” in the winter of 1781-1782, the

“Tartar,” which was built by the state; and in the spring of 1782,

the “Winthrop.”

Private naval enterprise throughout the Revolution was exceedingly

active in Massachusetts. In 1775, some months before the General

Court granted letters of marque, Massachusetts citizens,

unauthorized, were capturing the vessels of the enemy. Scarcely a

fortnight after the battles of Lexington and Concord men from New

Bedford and Dartmouth fitted out a vessel and attacked and cut out

from a harbor in Martha’s Vineyard a prize of the British sloop of

war “Falcon,” 16. This act was called forth by the captures which the

“Falcon” had made from the people of Buzzard’s Bay. On June 12, 1775,

the inhabitants of Machias, Maine, had captured the King’s sloop

“Margaretta,” Lieutenant Moore, after mortally wounding the commander

and inflicting a loss of fourteen men. Still other British vessels

were captured off the coast of Maine during the summer of 1775.[414]

With the act of November 1, 1775, granting to the Council the power

to issue letters of marque and reprisal, all such private enterprises

as the above, when done under the authority of a commission, were

legal. It does not appear however that Massachusetts granted many

commissions until the second half of 1776. In 1777 she granted 96

commissions. The best year was 1779 when she issued 222 commissions;

the year 1781 with 216 commissions was not far behind. The total

number of commissions issued by Massachusetts for the years 1777

to 1783 was 998.[415] In 1779 one hundred and eighty-four prizes

captured by privateers were libelled in the Massachusetts prize

courts.[416] The privateering industry for this year was very active.

The following is an extract from a letter dated May 16, 1779, written

from a Massachusetts seaport:

“Privateering was never more in vogue than at present; two or three

privateers sail every week from this port, and men seem as plenty

as grasshoppers in the field; no vessel being detained an hour for

want of them. We have near 1,000 prisoners on board the guard-ships

in Boston, and a great balance due us from the enemy. Cruisers from

New York, &c are daily brought in, and often by vessels of inferior

force; our privateersmen being as confident of victory, when upon an

equal footing with the English, as these were of gaining it of the

French in the last war.”[417]

The rivalry between the state service and the privateers for

seamen was exceedingly active. The latter service was always the

more popular. In 1779 the Council recommended that some effectual

measures be taken to prevent the owners of private ships of war and

merchantmen from seducing seamen away that were engaged in the public

service. It declared that proper encouragement must be given to state

officers and seamen, and that commanders must have the aid of the

government in manning their vessels, “or they will lie by the Walls

and so be of little or no service.”[418] In 1778 the General Court

found some difficulty in securing commanders.

The movements of the armed vessels of the Massachusetts navy

are quite similar to the movements of the naval vessels of

Congress.[419] The smaller fleet like the larger cruised in European

waters, in the region of the West Indies, and to the eastward of

the Bermudas in the path of the richly-laden West Indiamen. The

Massachusetts vessels, however, cruised more frequently nearer home.

About the first of June, 1779, the “Hazard” and “Tyrannicide” were

in the region of Nantucket. After 1779 the vessels were frequently

ordered to protect the Eastern Coast. In the spring of 1777 the

“Tyrannicide,” Captain Jonathan Haraden, “Massachusetts,” Captain

John Fisk, and “Freedom,” Captain John Clouston, cruised eastward as

far as the coasts of France and Spain, capturing some twenty-five

prizes, many of which however, were recaptured by the British.[420]

This was a most fortunate venture, for all told one can not now count

more than seventy prizes captured by the Massachusetts navy. In the

summer of 1780 the Board of War turned over the “Mars,” Captain

Simeon Samson, to the Massachusetts Committee for Foreign Affairs

which sent her to France and Holland for supplies.

The Navy of the American Revolution · 第 19 / 22 章