Naval legislation in Pennsylvania was not extensive. In 1775, 1776, and 1777 almost all naval rules and provisions were established by executive decrees. Before the middle of January, 1776, the Committee of Safety had established courts for the trying of prize cases.[497] It permitted appeals from the state prize courts to Congress. On September 9, 1778, however, the General Assembly established a Court of Admiralty. A law passed in 1780 provided that a judge of admiralty should be appointed and commissioned for seven years by the Supreme Executive Council.[498] On September 17, 1777, an act was passed for the relief of officers, seamen and marines, who, being in the service of the United States and residents of Pennsylvania, should be disabled from earning a livelihood. In all probability this was passed in accordance with the recommendations of the Continental Congress of August 26, 1776. On March 1, 1780, the General Assembly granted officers, seamen, and marines in the Pennsylvania navy, who were in actual service on March 13, 1779, and who should continue therein until the end of the war, half-pay for life.[499]
It is believed that Pennsylvania did not establish state privateering. Her executives in commissioning privateers in all probability followed the regulations of Congress. The Pennsylvania Archives contain a list of 448 privateering commissions issued for the years from 1776 to 1782. Most of the privateers were small vessels, mounting six to twelve cannon, and carrying twenty-five to fifty men. Out of the 448 commissions, only 14 commissions were for vessels mounting twenty or more guns. In 1779 Pennsylvania issued commissions for one hundred different vessels.[500]
The spring of 1782 was marked by a renewal in naval enterprise similar to that in the spring of 1779. Armed ships, refugee boats, and picaroon privateers fitted out at New York, had been greatly distressing the shipping and trade of Philadelphia. Within eight months the British frigate “Medea” had taken nine Philadelphia privateers; the whale-boat “Trimmer” from New York had been very destructive to the shipping on the Delaware; and the British naval ship “General Monk,” formerly the American privateer “Washington,” was inflicting serious losses on Pennsylvania’s commerce.[501] The merchants and traders of Philadelphia now appealed by petition to the General Assembly for protection. Accordingly, on April 9, that body appointed three commissioners to procure and equip a naval armament for the defence of Delaware river and bay. The commissioners were authorized to borrow £50,000, which was to be repaid from certain old tonnage and impost duties, and from a new impost on certain specified articles. The act also provided for a distribution of the proceeds of prizes. This act is significant in its being the first instance where the General Assembly authorized a naval increase and appointed a committee to take charge of naval vessels. It met with considerable disfavor. The Supreme Executive Council informed the General Assembly that it considered the appointment of commissioners and the conferring upon them of full administrative powers unconstitutional and an encroachment of the legislative on the administrative body.[502]
Anticipating the act of the legislature, the merchants of Philadelphia had fitted out the ship “Hyder Ally,” 18, and had appointed Lieutenant Joshua Barney of the Continental navy to command her. Proceeding down the Bay, Barney on April 8 made his memorable capture of the “General Monk,” 18, Captain Josias Rogers. Both the “Hyder Ally” and the “General Monk” were now taken into the service of the state. The “General Monk,” which was renamed the “Washington,” was in May, 1782, loaned to Robert Morris, the Continental Agent of Marine, who sent her on a commercial errand to the West Indies. On the return of the “Washington” Morris purchased her for the service of Congress. The “Hyder Ally” under different commanders cruised for the rest of the year with little success. In December the commissioners obtained permission from the Supreme Executive Council to sell her, and build a vessel of more suitable construction for the defence of the Delaware, for which purpose they were already equipping an armed schooner. When the “Hyder Ally” was offered for sale, the commissioners bid her in for the state, as the bidders refused to give her full value.[503]
The establishment of officers and seamen on board the “Hyder Ally” and the “Washington” was a new one. On February 13, 1781, the officers and seamen of the first establishment were all discharged, except Captain Boys and certain disabled seamen; and on December 20 Boys was dismissed, since the service in which he was engaged was at an end.[504] When peace was declared in the spring of 1783, a few men were probably in naval employ under the new establishment. That the state still owned a few small vessels is certain. On April 10, 1783, the Supreme Executive Council endorsed a letter from the commissioners saying “that as no doubt appears to remain that Hostilities are ceased, we conceive it our Duty to request your permission to dispose of the Armed vessels under our direction belonging to the State, in order to enable us to close our accounts with the Public.”[505]
FOOTNOTES:
[469] Colonial Records of Pennsylvania, X, Minutes of Committee of Safety, July 4, 6, 8, 1775.
[470] Pennsylvania Archives 2nd, I, 246; Wallace’s William Bradford, 203.
[471] Colonial Records of Pennsylvania, X, Minutes of Committee of Safety, August 26, September 1, October 2, 12, 16, 23, November 6, 1775. See also the Minutes of the Committee of Safety for each day of this period.
[472] Colonial Records of Pennsylvania, X, Minutes of Committee of Safety, August 29, 1775.