The INVITATION Of the CONTINENTAL CONGRESS, to their Brethren who. are Sons of LIBERTY and SEAMEN, to engage in the defence of the LIBERTIES of AMERICA.
[Reedy Island, Delaware River, January 20, 1776]
WE whose hands and marks are hereunto set and subscribed being officers, seamen and marines, do and each of us doth agree to and with Hoysteed Hacker Esquire of the good Sloop called the Fly belonging to the Thirteen United Colonies of North-America, now bound on a cruise, from the port of Philadelphia against the enemies of the Thirteen United Colonies of North-America in mannner and form following, That is to say,
In the first place ー We do hereby agree for, by, and under the considerations after mentioned, to and with the said Commander, forthwith to enter and ship ourselves, and in due and seasonable time, to repair on board the sail Sloop called the Fly and during the term of twelve months, unless sooner discharged by the CONGRESS, to the utmost of our power and ability respectively to discharge our several services or stations, and in everything to be conformable and obedient to the several requirings and lawful commands of the said Hoysteed Hacker Esquire and his successors in command.
Secondly ー We do also oblige and subject ourselves, to serve on board the said ship, during the said cruise, and as she is a ship of war, We do severally oblige ourselves by these articles, to comply with and be subject to the rules and discipline of the American Fleet as established by the CONGRESS, and to be governed and commanded in time of action with an enemy according to the same rules, and submit ourselves to the same punishments and penalties as are there inflicted, in case we or any of us, offer to desert our quarters, or not obey the commands of the said Hoysteed Hacker Esquire or his successors in command, in giving chase to any ship or ships, vessel or vessels, or otherwise, and if upon a scrutiny of our said Commander or his said officers, we or any of us should be found guilty of any breach contrary to the tenor of this agreement, or any act of cowardice, We do hereby severally submit and agree, to allow and forfeit our several and respective shares, of and in any prize or prizes we shall then have taken to be divided among the said ships company.
Thirdly ー We do also severally agree and oblige ourselves that when any prize or prizes have been taken, to follow the express directions of the said Hoysteed Hacker Esquire or his successors in command in boarding the said prize, and be under the command of any officer whom the said Hoysteed Hacker Esquire shall appoint, and be assisting to him to carry the said prize to whatever port or ports such prize or prizes shall be assigned by the said Commander And we do hereby further severally agree and covenant in that case, to be true and faithful in discharge of our duty and trust, and will not in any shape embezzle, defraud or plunder any thing on board such prize or prizes ー And in case any or either of us shall be found guilty of any breach, contrary to the true meaning of this agreement, we and such of us being guilty thereof, do hereby severally submit and agree, to allow so much of all and every of our shares and parts of our shares of and in the said prize and prizes then or thenceafter to be taken, and of all our respective wages that then shall be due and coming to us in respect of our services, as shall make good such plunder or embezzlement we shall have been found guilty of.
Fourthly ー And it is also further agreed, to be the true intent and meaning of all parties hereto, that the officer or officers, or any of the ships company sent on board any prize, shall have as good a share and interest of any prize as shall be thereafter taken, during his or their absence, as if he or they had been on board the said vessel at the time of taking thereof, any thing herein contained to the contrary notwithstanding. ー Provided always, And it is hereby agreed to be the meaning of the said last abovementioned clause, that if the said officer or officers, and such of the said ships company to whom the conduct and management of any prize has been entrusted, do not (first having accepted the commands of the said commander concerning the said prize under his or their custody) immediately repair to the respective port or harbour where the said Hoysteed Hacker Esqr or his successors in command shall order or do not proceed with the said prize or prizes so taken to the respective port or ports to be assigned by the said Commander for the time being, that then and in failure of any or either of the agreements aforesaid contained on our parts, We and each and every of us so offending, do hereby severally submit and agree to be cashiered not only for our several and respective interests and shares of and in the captures or prize money, but totally to be excluded and divested from the payment of any wages then due to us for and in respect of our several services on board the said ship Sloop Fly and the interest and shares of such delinquents that otherwise would have accrued to us.
Fifthly ー And the said Hoysteed Hacker Esquire for and in behalf of himself and the said Thirteen United Colonies of North-America, doth hereby covenant and agree to and with the said officers, seamen and marines whose names or marks are hereto set or subscribed to pay them in consideration of such services, so much money per month as in a schedule hereunder mentioned and set opposite to their names or marks of each respective officer, seaman or landsman, and likewise to advance unto each and every of them one months pay at entrance (due security for the same being first given) the receipt whereof they do hereby acknowledge.
Sixthly ー And as an encouragement to exert the valour of the seamen and mariners, in defending the said Sloop and in subduing and distressing the said enemy, the said Hoysteed Hacker Esquire for and on behalf of the said Thirteen United Colonies of North-America, doth further covenant, promise and agree to and with all and every of the officers, seamen and marines parties hereto, that in case any prize or prizes shall be taken by the said ship during the intended cruize, that the same shall be proceeded against, and distributed according to the resolution of the CONGRESS, passed the 15th day of November, 1775.
Seventhly ー And it is by these presents mutually agreed and consented to by and between the said Hoysteed Hacker Esquire and the officers, seamen and marines parties thereto, That in case the Commander for the time being lose a limb in an engagement or be otherwise disabled so as to be rendered incapable afterwards of getting a livelyhood to subsist upon, he shall receive out of the neat profits of such prize or prizes and prize goods, if so much arise, before a dividend or distribution be declared the sum of Four Hundred Dollars, or if he lose his life, his widow or children (if any) shall receive the said bounty of Four Hundred Dollars, together with all prize money to him belonging at the time of his decease. And if the Captain of the marines, or any other commission or warrant office lose a limb or be otherwise disabled, so as to be rendered incapable afterwards of getting a subsistance, he or they so disabled, shall receive a bounty of Three Hundred Dollars if so much arise from the neat profits as aforesaid, and in case of death, the widow or children (if any) is, are, and shall be entitled to the same together with their share of prize money, due at the time of their decease. And if an inferior 0fficer, marine or sailor, lose a limb or be otherwise disabled so as to be rendered incapable afterwards of getting a subsistance, he or they shall receive a bounty of Two Hundred Dollars, to be deducted as aforesaid, and in case of death, his widow or children (if any) is, are, and shall be entitled to the same, together with his share of prize money due at the time of his decease.
He who first discovers a ship or other vessel which shall afterwards become a prize, shall be entitled to a double share of such prize.
He who shall first board a ship or other vessel making resistance, which shall become a prize, shall be entitled to a triple share.
There shall be ten shares of every prize which shall be taken and condemned set apart to be given to such inferior officers, seamen and marines, as shall be adjudged best to deserve them by the superior officers who shall be appointed to make such determination.
Provided always ー And it ishereby declared to be the true intent and meaning of the parties to the afore-mentioned orders and articles, that any of the officers, seamen or marines shall be liable to be removed by the CONGRESS, or Committee of CONGRESS, during the recess thereof, or by the Commander in chief of the American Fleet for the time being, from the aforesaid vessel to any other armed vessel in the service of the United Colonies, any thing contained in the foregoing orders and articles notwithstanding.
We further agree as an addition to the above Invitation that all Prize or Prizes that shall be taken in Company or in Case of a Separation by the Ship Alfred Dudley Saltonstall Esqr Commander, Abraham Whipple Esqr of the Ship Columbus, Nicholas Biddle Esqr of the Brigantine Andrew Doria, John Hopkins Esqr of the Brigantine Cabot, John Hazard Esqr of the Sloop Providence and Hoysteed Hacker of the Sloop Fly Shall be equally divided according to the Resolution of the Congress, as if at all times they were Embodied in one Fleet ー In Case any of the above Ships or Vessels should be taken, Lost, or Cast away they shall be Entitled to as good a Share or Shares thereof as if they had actually been at the Capture of the aforesaid Prize or Prizes during the Term mentioned in the above Invitation Provided always that the Officers or Seamen so Cast away or Taken shall do their best Endeavours to get On board some One of the above Mentioned Vessels ー And the Captain of each Ship shall send as soon as may be to the Commander in Chief a Certificate under his hand that his Ships Company has Subscribed the above agreement ー