[Watertown] Tuesday September 17th 1776.
Petition of Shubael Cottle a member of the House of Representatives for the Town of Tisbury in Dukes County in the behalf of Nathan Smith Captain of the first Company of Sea-Coast Men station'd in said Tisbury in Dukes-County aforesaid for the defence of the said County ー setting forthー
That from the Encouragement given by these States to all Persons to make Captures of Vessels belonging to the Enemy employ'd against the united States, as also by a Resolve which passed the Honorable Continental Congress on the 23d of March in 1775, respecting such matters. That the above said Captain Smith from a principle of serving his Country, and stimulated with the hopes of Reward, He with divers other persons belonging to a Sea Coast Company station'd on the Island of Martha's Vinyard, with some of the Militia of the same place, with three Pilot Boats provided by said Smith, & Company did on the 12th day of April last past at the risque of their Lives board, take, and bring into the Port of Bedford in this State a certain Schooner called the Volante of about Sixty Tons burthen laden with Provisions, and Stores for the use of the Fleet, and Army employed against the united States of America the said Schooner then being a part of said Fleet, & Tender to the Scarborough Man of War ー One Edward Marsh Master ー The Petitioner at the time of the Capture did humbly conceive after condemnation and deducting the Charges incident thereto, that the Vessel, Cargo, and appurtunances was to be divided amongst the Captors, but by a Resolve which pass'd the late General Assembly at their last Session on the 23d day of April 1775 [sic 1776]. the State thereby taking two thirds of all such Captures, and the other third to the use of the Captors ー the Petitioner, humbly suggests that should the Honorable Court take any part of said Capture by virtue of said Resolve passed the 23d of April aforesaid to the use of this State that two thirds is by far too great a part in the opinion of the Petitioner ー He therefore (in the behalf of said Captain Smith, and Company) prays that the Honorable Court would take the matter into consideration and as the State were at no Expence, nor suffer'd any Risque for Vessels, Cannon in making said Capture, that the Honorable Court would order the whole, or such a part of said Schooner, Cargo and Appurtunances to the use of the Captors, as they shall think proper.
Resolved that whereas it appears to this Court that certain persons mentioned in said Petition, [were concerned in taking and bringing into this State a certain Schooner mentioned in Said petition] and it further appears, that the Vessels, or Boats which attacked, and took said Schooner were procured by, and at the risk of the Captors ー
Therefore Resolved, that after the Charges of Tryal, and Condemnation are deducted from the gross proceeds of said Vessel and Cargo, and the Share of the other Captors have been assigned, the Colony shall receive one third and the Sea Coast Men the other two thirds of said Schooner, Cargo, and Appurtunances.
The Committee of both Houses appointed to take under consideration the claim this State has to the Prize Ship Queen of England Arnot [James Arnout] master loaden with Pork, and other provisions for the use of the Enemy lately taken in the harbor of Boston have attended that service, and ask leave to Report as follows.
D Sewall p order.
That since the appointment of your Committee the Trial of the Justice of the said Capture, has been determin'd in the Superior Court, upon an Appeal made from the Maritime Court in the Middle district, by a Pilot on Board of the said Ship at the Time, of the Capture, who claimed the whole prize.
Upon which Trial your Committee are Informed, for they have not been able to obtain the Record thereof, That one fifth part of the said Prize, and her Appurtunances have been adjudged to the said Pilot as an original Captor, and the remaining 4/5 to the said Crafts, & Whitney, & their Regiments, who at the Time of the Capture where in the service, and pay of the State ー
That by a Resolve of both Houses on the 23d of April last "The Sea Cost men station'd in any Port of this Colony, shall be intitled to one third part of the neat proceeds, after charges of condemnation, and other expences are paid of all Vessels & Cargoes that have been, or shall hereafter be taken by them, and legally Condemned by the Court Establish'd to try the Justice of all such Captures, which shall be divided, amongst them in proportion to the pay of the Officers, & Soldiers employed in such port, or place, and the Remainder shall be to the use of the Colony"
That your Committee are of opinion there can be no just pretence for the said Colonels, and their Regiments retaining the whole of the 4/5 of the said Capture to their own use.
And unless they are to be consider'd in this matter as Sea Coast Men, they have no legal demand to any part of the said Capture, and that an Adjudication of the 4/5 to them is in effect an adjudication of so much to the use of this Stateー
But your Committee are of Opinion that the said Colonels, and their Men, are equitably intitled to 1/3 of the 4/5, and no more, and this they conceive one of the said Colonels by his memorial laid in, before the Board is fully convinced of, and is contented with.ー
Your Committee are likewise of Opinion, that the Superior Court may now legally, in Consequence of the Resolution of April last beforementioned, Order in the Precept for Sale of said 4/5 of the said Prize, a distribution thereof in manner following ー viz: 1/3 to the said Colonels, and their Regiments in proportion to the pay they respectively receive from this State, and the Residue to this State, and that the agent for the middle District of this State ought to be by this Court directed to apply to the said Superior Court for a distribution accordingly.ー
Read, & Accepted.