In the spring of 1779 the feeling was general that some change must be made in the management of the navy. Both 1777 and 1778 had been lean, empty, and disastrous years for the Continental fleet. The blame for this failure was placed upon the Marine Committee and the naval commanders. It was in April, 1779, that Washington wrote to John Jay asking questions and making suggestions about the management of the navy, which may be briefly summarized as follows: What are the reasons for keeping the Continental vessels in port? Had not Congress better lend them to “commanders of known bravery and capacity” for a limited term? If additional encouragement is necessary in order to induce seamen to enlist, why not give them the whole of their captures? Great advantage might result from placing the whole fleet under “a man of ability and authority commissioned to act as commodore or admiral.” Under the present system the Continental ships are not only very expensive and totally useless, but sometimes they require a land force to protect them.[223]

This arraignment of the navy is somewhat severe. The last clause in the above paragraph refers to an incident which took place at New London in the spring of 1776. The reader may recall that Commodore Hopkins put into this port on his return from New Providence and just after his unfortunate engagement with the “Glasgow.” He then received a temporary loan from Washington of one hundred and seventy troops, with whom, for the time being, he replenished his depleted crews. He kept the troops less than six weeks.

In his reply to Washington’s letter, Jay ascribed the naval inefficiency to a defective Naval Department. He said: “While the maritime affairs of the continent continue under the direction of a committee, they will be exposed to all of the consequences of want of system, attention, and knowledge. The marine committee consists of a delegate from each state; it fluctuates, new members constantly coming and old ones going out; three or four, indeed, have remained in it from the beginning; and few members understand even the state of our naval affairs, or have time or inclination to attend to them. But why is not this system changed? It is in my opinion, inconvenient to the family compact.”[224] The “family compact” is supposed to refer to the Lees. During the Revolution the Lees and the Adamses formed the nucleus of a faction, which was generally opposed to constructive legislation in the field of administration.

When this letter of Jay’s was written a new naval system was forming.[225] On June 9 Congress resolved to vest in “commissioners all business relating to the marine of these United States.”[226] Apparently this resolution of Congress meant that the naval affairs were to be given over to a board chosen outside the membership of Congress; if so, Congress soon retracted it. On October 1, 1779, Congress discharged the committee that had had the new project in hand, and directed the Marine Committee “to prepare and report a plan of regulations for conducting the naval affairs of the United States.”[227] The Marine Committee reported on October 28, 1779; thereupon, Congress passed resolutions making provision for a Board of Admiralty, “to be subject in all cases to Congress.” These resolutions were in important respects based upon those of October 17 and November 24, 1777, establishing a Board of War.[228] This was natural, as the work of a war and a naval office are quite similar. In the composition of the two boards there was a vital difference. The Board of War, as has been said, consisted of five commissioners; the Board of Admiralty consisted of three commissioners and two members of Congress, being modeled after the Board of Treasury. Any three members of the Board of Admiralty were empowered to form a quorum. No two members were permitted to come from the same state. The Board must have its office in the same town in which Congress was sitting. It selected its clerks, but Congress chose its secretary.

The powers and duties of the Board of Admiralty were practically The same as those of the Marine Committee. The Board was to order and direct the movements of all ships and vessels of war. It was to superintend and direct the navy boards and see that they kept fair entries and proper accounts of all the business transacted by them. It was to keep a complete and accurate register of the officers of the navy, giving their rank and the date of their commissions; these were to be signed by the President of Congress and countersigned by the secretary of the Board. The Board was to have the care and direction of the marine prisoners. It was to obtain regular and exact returns of all warlike stores, clothing, provisions, and miscellaneous articles belonging to the marine department. Lastly the Board of Admiralty was to “execute all such matters as shall be directed, and give their opinion on all such subjects as shall be referred to them by Congress, or as they may think necessary for the better regulation and improvement of the navy of the United States; and in general to superintend and direct all the branches of the marine department.”[229]

The officers of the navy were enjoined to obey the directions of the Board of Admiralty. The proceedings, records, and papers of the Board were to be open at all times to the inspection of the members of Congress. The Board of Admiralty was ordered to examine at once the unsettled accounts of the navy boards and naval agents, and report thereon to Congress. It was further directed to form proper plans for increasing the naval force of the United States and for the better regulating of the same.

The salary of each commissioner was fixed at $14,000, and that of the secretary of the Board at $8,000 a year. On September 13, 1780, these salaries were decreased to $1,850 and to $1,100 a year, respectively, to be now paid quarterly in specie or its equivalent.[230] When Congress increased the salary of its Commissioners of the Treasury from $1,850 to $2,000, the Commissioners of Admiralty, exhibiting that delicate sense of the fitness of more pay which characterizes the employees of governments, petitioned for a similar increase in their salaries;[231] and Congress, in accord with its subsequent character under the Constitution, refused a favor to the navy which it granted to a more popular branch of its public service.[232] The Congressional members received no pay for their services on the Board.

When Congress came to select Commissioners of Admiralty, it found no easy task. Men who were eager for distinction and honor felt that they were cultivating a surer field in their home governments or in the army. The prestige of the Continental government was now declining. The dilution of salaries caused by the depreciation of the currency lessened the attractiveness of the Continental offices. Employees of Congress found it hard to support their families on their pay. Then too, the navy business had become a thankless and disheartening task. The class of men who will accept a disagreeable office with little pay and no glory is a small one at any time.

The first three commissioners elected by Congress were William Whipple of New Hampshire, chairman of the Marine Committee, Thomas Waring of South Carolina, and George Bryan of Pennsylvania. Each declined. On December 7 Francis Lewis of New York was chosen commissioner, and on the next day he accepted the office. Congress on the 3rd had named the two Congressional members of the Board, William Floyd of New York, and James Forbes of Maryland. The appointment of Lewis vacated the position of Floyd, as two members from the same state could not serve on the Board. William Ellery of Rhode Island was now elected as the second Congressional member. Congress had already chosen John Brown, the secretary of the Marine Committee, to be secretary of the Board of Admiralty. Lewis, Forbes, and Ellery were sufficient to organize the Board. Accordingly on December 8, 1779, Congress resolved “that all matters heretofore referred to the marine committee be transmitted to the board of admiralty.”[233] On December 10 the Board of Admiralty wrote to the Navy Board at Boston, informing it of the dissolution of the Marine Committee, and directing it to address in the future all letters and applications relating to the navy to the “Commissioners of the Admiralty of the United States.”[234]

Upon the organization of the Board of Admiralty, its difficulties in obtaining quorums began; and the troubles of Congress in its search for additional commissioners continued. On January 22, 1780, Congress gave Brigadier-General Thomas Mifflin of Pennsylvania an opportunity to decline a commissionership.[235] On March 21 Lewis was complaining to Congress that Forbes was sick, and that consequently there had been no Board since the 4th instant. He hoped Congress would fill up the vacancy and prevent the navy business from being longer suspended.[236] On the death of Forbes on March 25, Congress elected James Madison to fill his place. Madison had but recently arrived at Philadelphia as a delegate from Virginia.