a peaceable search, and giving satisfactory information of the contents of the ladings, and destinations of voyages.

II. You may, by force of arms, attack, subdue, and take all ships and other vessels whatsoever, carrying soldiers, arms, gunpowder, ammunition, provisions, or any other contraband goods, to any of the British armies or ships of war employed against these

colonies.

III. You shall bring such ships and vessels, as you shall take, with their guns, rigging, tackle, apparel, furniture, and ladings, to some convenient port or ports of the United colonies, that proceedings may thereupon be had, in due form, before the courts, which are, or shall be there appointed to hear and determine causes, civil and maritime.

IV. You, or one of your chief officers, shall bring or send the master and pilot, and one or more principal person or persons of the company of every ship or vessel by you taken, as soon after the capture as may be, to the judge or judges of such court as aforesaid, to be examined upon oath, and make answer to the interrogatories which may be propounded, touching the interest or property of the ship or vessel, and her lading; and, at the same time, you shall deliver, or cause to be delivered, to the judge or judges, all passes, sea-briefs, charter-parties, bills of lading, cockets, letters, and other documents and writings found on board, proving the said papers, by the affidavit of yourself, or of some other person present at the capture, to be produced as they were received, without fraud, addition, subduction, or embezzlement.

V. You shall keep and preserve every ship or vessel, and cargo, by you taken, until they shall, by a sentence of a court properly authorized, be adjudged lawful prizes; not selling, spoiling, wasting, or diminishing the same, or breaking the bulk thereof, nor suffering any such thing to be done.

VI. If you, or any of your officers or crew, shall, in cold blood, kill or maim, or by torture or otherwise, cruelly, inhumanly, and, contrary to common usage, and the practice of civilized nations in war, treat any person or persons surprized in the ship or vessel you shall take, the offender shall be severely punished.

VII. You shall, by all convenient opportunities, send to Congress written accounts of the captures you shall make, with the number and names of the captives, copies of your journal from time to time, and intelligence of what may occur or be discovered concerning the designs of the enemy, and the destination, motions, and operations of their fleets and armies.

INTRODUCTION

35 VIII. One-third, at least, of your whole company shall be landsmen.

IX. You shall not ransom any prisoners or captives, but shall dispose of them in such manner, as the Congress, or, if that be not sitting in the colony whither they shall be brought, as the general assembly, convention, or council, or committee of safety, of such colony, shall direct.

X. You shall observe all such further instructions as Congress shall hereafter give in the premises, when you shall have notice thereof.

XI. If you shall do any thing contrary to these instructions, or to others hereafter to be given, or willingly suffer such thing to be done, you shall not only forfeit your commission, and be liable to an action for breach of the condition of your bond, but be responsible to the party grieved for damages sustained by such malversation.1

No formal general instructions, other than those embodied in the commissions and bonds, appear to have been issued by Massachusetts, but of course the vessels of this state were governed by all Continental regulations. On April 7, 1781, the Continental Congress promulgated another set of instructions containing articles practically identical with those of 1776, together with others relating to the treatment of neutrals, made necessary by the just complaints of foreign nations. These latter articles are here added:

II. You are to pay a sacred regard to the rights of neutral powers, and the usage and customs of civilized nations; and on no pretence whatever, presume to take or seize any ships or vessels. belonging to the subjects of princes or powers in alliance with these United States; except they are employed in carrying contraband goods or soldiers to our enemies; and in such case you are to conform to the stipulations contained in the treaties subsisting between such princes or powers and these states: and you are not to capture, seize or plunder any ships or vessels of our enemies, being under the protection of neutral coasts, nations, or princes, under the pains and penalties expressed in a proclamation issued by the

1. Journal of the Continental Congress (Ford), Iv, 253.

Congress of the United States, the 9th day of May, in the year of our Lord one thousand seven hundred and seventy-eight.

III. You shall permit all neutral vessels freely to navigate on the high seas, or coasts of America, except such as are employed in carrying contraband goods or soldiers to the enemies of these United States.

IV. You shall not seize or capture any effects belonging to the subjects of the belligerent powers on board neutral vessels, excepting contraband goods; and you are carefully to observe, that the term contraband is confined to those articles which are expressly declared to be such in the treaty of amity and commerce, of the sixth day of February, 1778, between these United States and his Most Christian Majesty, namely: arms, great guns, bombs, with their fuses and other things belonging to them; cannon-ball, gunpowder, matches, pikes, swords, lances, spears, halberts, mortars, petards, grenadoes, salt-petre, muskets, musket-ball, bucklers, helmets, breast-plates, coats of mail, and the like kind of arms proper for arming soldiers, musket-rests, belts, horses with their furniture, and all other warlike instruments whatever.

The proclamation of 1778, mentioned in the first of these articles, is also essential for the complete presentation of this subject:

A PROCLAMATION

Whereas Congress have received information and complaints, "that violences have been done by American armed vessels to neutral nations, in seizing ships belonging to their subjects and under their colours, and in making captures of those of the enemy whilst under the protection of neutral coasts, contrary to the usage and custom of nations": to the end that such unjustifiable and piratical acts, which reflect dishonour upon the national character of these states, may be in future effectually prevented, the said Congress hath thought proper to direct, enjoin and command all captains, commanders and other officers and seamen belonging to any American armed vessels, to govern themselves strictly in all things agreeably to the tenor of their commissions and the instructions and resolutions of Congress; particularly that they pay a sacred regard to the rights of neutral powers and the usage and custom of civilized nations, and on no pretence whatever presume to take or seize any ships or vessels belonging to the subjects of

princes or powers in alliance with these United States, except they are employed in carrying contraband goods or soldiers to our enemies, and in such case that they conform to the stipulations contained in treaties subsisting between such princes or powers and these states; and that they do not capture, seize or plunder any ships or vessels of our enemies, being under the protection of neutral coasts, nations or princes, under the penalty of being condignly punished therefor, and also of being bound to make satisfaction for all matters of damage and the interest thereof by reparation, under the pain and obligation of their persons and goods. And further, the said Congress doth hereby resolve and declare, that persons wilfully offending in any of the foregoing instances, if taken by any foreign powers in consequence thereof, will not be considered as having a right to claim protection from these states, but shall suffer such punishment as by the usage and custom of nations may be inflicted upon such offenders.1

In every maritime war the treatment of neutrals and questions relating to freedom of the seas and right of search have excited acute interest, acrimonious discussion and international irritation-not to say strained relations. According to Wheaton, "the right of visitation and search of neutral vessels at sea is a belligerent right, essential to the exercise of the right of capturing enemy's property, contraband of war, and vessels committing a breach of blockade. Even if the right of capturing enemy's property be ever so strictly limited, and the rule of free ships free goods be adopted, the right of visitation and search is essential, in order to determine whether the ships themselves are neutral, and documented as such, according to law of nations and treaties." Great Britain more than any other power has always insisted upon this right, yet not so much by the exercise as by the abuse of it and by her general arrogant practices has aroused the ire of other nations.2

1. Papers of Continental Congress, 24, 435.

2. The years preceding the War of 1812 are especially recalled, not the World War.

This is what happened in 1780 when the powers of northern Europe, led by Russia, formed the Armed Neutrality for the protection of their commerce from the interference of belligerents by enforcing the doctrine that "free ships make free goods"; they particularly claimed exemption from search of ships under the convoy of men-of-war. Circumstances made it expedient for England to avoid a breach with the members of the Armed Neutrality and the war came to an end without any settlement of the question. But afterwards and always she continued to maintain the inconsistency of the league's principles with the law of

nations.1

For a study of Massachusetts privateering a mass of material is still accessible to the searcher, though undoubtedly much has been lost. In 1906 the Library of Congress published a calendar of Naval Records of the American Revolution prepared by Charles Henry Lincoln. The volume contains a list of the bonds of Continental letters of marque in the Library. There are 1697 of these bonds, of which 626 were given by Massachusetts privateersmen. With a few exceptions of earlier date (nearly all in 1777), these Massachusetts bonds begin in August, 1780. On July 27 the Continental Congress had ruled that all private armed vessels should be commissioned in the office of the Secretary of Congress. It was "the intention of Congress that all commissions and instructions in force on the 2d day of May last [1780] be cancelled as soon as possible and that commissions, bonds, and instructions of the new form be substituted in the place thereof." The bonds

1. Wheaton, Elements of International Law, §§ 450, 524, 526; Mahan, Influence of Sea Power upon History, 405. For British instructions to privateers, see Scott, The Armed Neutralities of 1780 and 1800 (Carnegie Endowment for International Peace), 281, 328, 335, 391.