[Watertown] Wednesday June 12th 1776.
A Petition of Benja Smith of Edgartown ー representing. That in Novr last, an Act was pass'd entitled "An Act for Encouraging the fixing out of Armed Vessels, &c. That from the encouragement therein given to the Captors of Vessels belonging to the Enemy, he with divers other persons belonging to a Sea Coast Company station'd on Martha's Vineyard, with some of the Militia, & Train Band of the same place on the 7th of March last ー on board the Sloop Liberty ー did pursue, engage Board, & take, & bring into the Harbour of Edgartown, the Ship Harriot Weymss Orrock Master laden wth Coal &c, for the use of the Fleet, & Army employed against the United Colonies. That he (the Petitioner,) Libel'd said Ship, & Cargo &c, but before condemnation of said Ship Court the 23d of April last ー wherein it was Resolved, "that the Sea Coast & Cargo, a Resolve was pass'd by the General Men station'd in any Part of this Colony shall be Intituled to one third part of the Nt proceeds after Charges of Condemnation, & other Expences are paid of all Vessels, & Cargoes that have been, or shall hereafter be taken by them, & legally condemn'd to be divided amongst them in proportion to the pay of the Officers and Soldiers employed in such part or Place, & the Remainder shall be to the use of the Colony." That the first Law gave the Captors the Property of Vessel Cargo &c. & that the faith of Governt was plighted to secure it to them ー That he made a Capture of said Ship on the 7th of March & on the 23d of April foll[owin]g the aforesd Resolve was past whereby two thirds was taken to the Colony ー That he conceives that should the Colony be disposed to take any part by Virtue of said Resolve, that the part pointed out in said Resolve is too much by far, as the Colony was not at any expence for Vessel, Cannon &c, and therefore prays that said Resolve may be repealed, & annull'd, or otherwise &c
Whereas it appears that certain Persons were concerned in taking, & bringing into this Colony the Ship mention'd in said Petition, a number of whom were of a Sea Coast Company in the Pay of the Colony, and it further appearing that the Vessel which attacked, & took the said Ship was procured by and was at the Risque of the Petitioner
It is Resolved, That after the Charges of Trial, & Condemnation are deducted from the gross Produce of the said Ship, her Cargo and Appurtunances, and the Share of the other Captors have been assigned them ー the Colony shall receive One third part, and the said Sea Coast Men two third Parts of the Residue. ー
Resolved, That the Commissary General be, and he hereby is directed to deliver to the Honble Richard Derby Junr Esqr One of the Committee for fixing out Armed Vessels fitted out by this Colony, Two pieces of Cannon six pounders made use of by Colo Crafts in Boston, And the said Richard Derby Esqr be also furnished by the said Commissary with eight more six or four pounders out of the Cannon now at Boston with One, or both Trunnions on for the use of the Sloop Tyrannicide