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, and they do hereby 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, agreably 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 amity and 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 powers coasts, nations or princes, under the penalty of being condignly punished therefor, and also of being bound to make satisfaction for all matter of damage, and the interest thereof by reparation, under the pain and obligation of their persons and goods.1 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.2 Given in Congress at York in the State of Pennsylvania, this ninth day of May Anno Domini 1778.
D, DNA, PCC, item 24, p. 435 (M247, roll 31). The proclamation, with minor changes, is printed in JCC 11: 486. Docketed: “No. 2 May 9th. 1778/Proclamation—/respecting violences being done/by American armed vessels."
1. The portion of the text starting from "under the penalty" to the end of that sentence is written vertically in the left margin. Its place in the text is indicated by an “A” with a corresponding “A” preceding the first word of the material in the margin.
2. On 14 May, the Committee for Foreign Affairs wrote the American Commissioners in France concerning this proclamation:
It is exceedingly distressing to Congress to hear of Misconduct in any of the Commanders of Armed Vessels under the American flag. Every authentic information you can give on this head will be strictly attended to and every Means taken to punish the Offenders and make reparation to the Sufferers. The Chief consolation we find in this disagreeable business, is that the most Experienced States have not always been able to restrain the Vices and irregularities of Individuals. Congress has published a Proclamation for the more effectually suppressing and punishing such Practices. But we are rather inclined to hope that as the line of Connection and friendship is now Clearly Marked and the minds of the Seamen relieved thereby from that unexplainable Mystery respecting their real prizes which before embarrassed them that such irregularities will be less frequent or totally cease; to which end, the magnificent Generosity of the Court of France to the owners of the Prizes which "for reasons of State" had been given up will happily contribute. PPAmP, Benjamin Franklin Papers, vol. 53, fol. 41.
