To the Hon'ble Council & Hon'ble House of Representatives
in General Court assembled at Boston, Septemr. 1777.
State of
Massachusetts-Bay
We the Subscribers, agents for the respective Privateers set against our Names, beg leave to represent to your Honors,
That the said Privateers by Contract with the Committee of this Honorable Court, joined the Continental Fleet, which lately saild from this Port, under the Command of Capt John Manly, under certain Conditions in said Contract mentioned One of which was, that in Case of an accidental seperation of any Vessell belonging to the Fleet from the rest, the Prize or Prizes, such Vessell should take, during the Continuance of the Contract, being Twenty five Days, should be equally divided among the whole Fleet, as tho they had all been in Company, that by reason of a violent Gale of wind soon after the Fleet saild, there was a total seperation of them, and within the term limitted by Contract, several Prizes were taken by some of the Privateers, and the Owners of them now absolutely refuse, to comply with the Terms of their Con tract with the aforementiond Committee,
Your Memorialists humbly apprehend that as most of the Owners of the aforesaid Privateers were induced to risque their Property and the Seamen & mariners onboard them their Lives, under the advantageous Promises of this Contract, The Honor, as well as Interest of the Government is concernd in enforcing a faithfull compliance with it.
Your Memorialists therefore prays your Honors, to give your aforesaid Committee Instructions to demand a fulfillment of the said agreement from all the Owners of the Privateers, or those who Contract in their behalf, and in Case of a refusal to persue the necessary Steps, to Compel them to it, And as in Duty bound shall ever pray &c &c &c.—
Mungo Mackay
Nehemiah Somes
Gustavus Fellows
Jona. Greely
Andw. Gardner
In the House of Representatives October 3 1777
Read & thereupon Orderd That Coll White & Capt Reed with such as the Hon Board shall join, be a Committee to consider the same & report
Sent up for Concurrence
J Warren Spkr
In Council Octobr 3d. 1777
Read & Concurred and Thomas Cushing Esqr. is joined
Jno. Avery Dy Secy.
The Committee of Both Houses appointed to Consider the Within Petition have attended that Service & beg leave to report that the Prayer thereof be so far granted as that the Treasurer be Impowered & directed to put in suit All such Bonds as were given for security of the Performance of the Agreement mentioned in ye said Petition, the Conditions of which are supposed by the said Petitioners to be Violated & Broken. All which is submitted
Thomas Cushing ⅌ order
In Council Oct. 18. 1777 Read and Accepted And thereupon Resolved that the Treasure be and hereby. Impowered and directed to put in suit all such Bonds as were given to him by the owners of Certain Privateers which joined the Continental Fleet, which lately sailed from this Port under the Command of Capt John Manly, for the Security of the Performance of the Agreement subsisting between a Committee of this Court & the owners of the Privateers aforesaid & refered to in said Petition, the Conditions of which are supposed by the Petitioners to be violated and Broken, and he is hereby ordered to lend all due Aid and assistance to the said Petitioners in bringing such suits to final Judgement and Execution, who are to Carry on the same at their own Proper Expence and without any charge to the State
Sent down for Concurrence
Jno. Avery Dy Secy.
In the House of Representatives October 18th. 1777
Read & Concurred
Consented to—
J Warren Spkr
