Commodore, with Brigadier-General.
Captain of a ship of 40 guns and upwards, with Colonel.
Captain of a ship of 20 to 40 guns, with Lieutenant-Colonel.
Captain of a ship of 10 to 20 guns, with Major.
Lieutenant of the navy, with Captain.
In this legislation on rank once more the influence of British models is apparent. The Committee was evidently building for the future, for the four higher ranks were not established at this time, nor during the Revolution. The present relative rank of army and naval officers is based on the above table.
On March 23, 1776, Congress passed most important resolutions supplementary to those of November 25, 1775, concerning captures and the shares of prizes. The resolutions of November 25 legalized the capture of the enemy’s vessels of war and transports. The new resolutions permitted for the first time the capture of all ships and cargoes, “belonging to any inhabitant, or inhabitants of Great Britain, taken on the high seas, or between high and low water mark,” by American privateers, vessels of the Continental navy, or ships fitted out by any of the colonies. In brief, the new resolutions legalized reprisals on British commerce. In the case of Continental vessels, one-third of the prize went to the officers and crew; in the case of privateers, the whole of the prize fell to the owners and captors. Each colony was permitted to fix the shares of the proceeds of merchantmen captured by its own ships of war.[160] On October 30, 1776, the share of prizes taken by vessels of the Continental navy was increased to one-half of merchantmen, transports, and store ships; and to the whole of ships of war and privateers.[161]
On April 2, 1776, Congress agreed to a form of commission for privateers. On the next day it resolved to send blank commissions, signed by the President of Congress, to the legislatures, provincial congresses, and committees of safety of the United Colonies. These were to be filled out and delivered to privateersmen. Blank bonds, which were to be executed by the owners or masters of privateers, were also sent. These bonds, which prescribed a penalty of five or ten thousand dollars, according to the size of the ship, were intended to discourage or prevent misconduct and unwarrantable acts on the part of officers and crews. Congress also drafted a form of instructions to the commanders of privateers.[162]
Congress on November 15, 1776, established a new pay-table. Officers were now divided into three classes, those serving on board of vessels of 20 guns and upwards, vessels of 10 to 20 guns, and vessels below 10 guns. The vessels of the first two classes were commanded by captains, and of the third class by lieutenants. The pay of the higher officers, which the new table generally raised, varied for each of the three classes, the commanding officers of which received, respectively, $60, $48, and $30 a month. Seamen were now paid a monthly wage of $8. The pay of officers below the captain ranged from $30 to $8.34 a month. A bounty of $20 for every cannon and $8 for every seaman captured on board a British ship of war was now voted.[163] On July 25, 1777, the “subsistence” of officers while in foreign or domestic ports was fixed.[164] On January 19, 1778, Congress resolved that officers not in actual service should be allowed pay, but not rations. While prisoners of war, their allowance for rations was to be diminished by the value of the supplies which they received from the enemy.[165] Pursers for vessels of 16 guns and upwards were authorized on November 14, 1778.[166]
Additional interest attaches to the initial legislation on pensions of the American government because of the unprecedented liberality which now marks its treatment of its veterans. The first legislation on naval pensions dates from the adoption by Congress on November 28, 1775, of a form of naval contract according to which certain bounties were granted officers, seamen, and marines disabled from earning a livelihood.[167] These bounties were derived from the proceeds of prizes captured by the aid of the beneficiaries. A more typical pension law was passed on August 26, 1776.[168] It had, however, a vital defect in that it was left to the enforcement of the individual states. According to its provisions every naval officer, seaman, or marine, “belonging to the United States of America, who shall lose a limb in any engagement in which no prize shall be taken, or be therein otherwise so disabled as to be rendered incapable of getting a livelihood, shall receive during his life, or the continuance of such disability, one half of his monthly pay.” When a prize was captured at the time the disability was contracted, the disabled person’s share of prize money was considered as a part of his half-pay. If the disabled person was rendered incapable of serving in the navy, although not totally disabled from earning a livelihood, he received a monthly sum, judged to be adequate by the legislature of the state in which he resided. Each state was to determine which of its citizens were entitled to a pension under this law, to pay such persons their half-pay or allowance, and to make a quarterly report of its work to the secretary of Congress. The distinguishing characteristic of the law lay in its dependence on the states for its enforcement. As might be expected, it was very imperfectly carried out.