[York, Pa.] Monday, May 11, 1778
Whereas, it hath been represented unto us that a certain snow, called Our Lady of Mount Carmel and St. Anthony,1 said to be the property of Messrs. John Ignatius de Oliveria Pereira and Anthony dias dos Santos, subjects of his most faithful majesty the king of Portugal, and bound from the Brazils to Fayal, was taken on the high seas by a private armed vessel,2 commissioned by these United States, and sent as a prize into the State of Massachusetts bay; that the said vessel, being duly libelled in the courts of the said State, was acquitted; and that no owner hath appeared to claim the said snow and her cargo, the master of the said snow having, as is said, been sent home in another vessel, at his own request, by the master of the said armed vessel; and whereas it hath been further represented unto us, that divers of the commodities in the said snow contained are perishable; that damage may arise from permitting the vessel and cargo to continue in their present situation, and that it would be dangerous to send the said snow to the place of her former destination, as she might be made prize of by ships in the service of the king of Great Britain.
Now, therefore, to the end that right may in this behalf be done,
Resolved, That the Board of War of the said State of Massachusetts bay be requested to make sale, with all convenient speed, in the best manner, and for the most money possible, of the said snow and her cargo,3 to deposit the net proceeds thereof, after deducting all costs and charges, which shall then be due thereon, in the public funds of these United States; and to transmit an exact account thereof to the Committee of Foreign Affairs:
That the said committee do transmit such account, and a copy of the proceedings of the court of admiralty relative to said snow, together with these resolutions, to the commissioner or commissioners of these states, who may then be and reside at the court of his most Christian majesty; and
That the said commissioner or commissioners do inform the ambassador or resident of his most faithful majesty at the said court, of the premises, in order that the lawful and rightful owners of the said snow and her cargo, may obtain proper certificates, and authentic proof of their property in the same, and thereby be enabled, either personally or by their lawful attorney, to appear, demand, and receive the moneys so deposited as aforesaid, together with the interest thereof.4
It is nevertheless provided, that nothing in the foregoing resolutions contained, shall be construed to bar the lawful and rightful owners of said snow, and of her cargo, from their action or actions against the master or owners of the said private armed vessel, or any of them, for damages sustained beyond the money so to be deposited by reason of the capture aforesaid; any clause or article thereof to the contrary in any wise notwithstanding:5