In Secret Committee of Congress —
Philada Novr 15th 1776
Sir
We received a letter last week from Capt Samuel Smith junr Commander of the Ship Hancock & Adams belonging to Mr Blair McClenachan of this City informing us of his arrival with that Ship and Cargo at the port of Bedford in Massachusets, His letter is dated the 1st instant and he Says that in Latitude 38 ..29 and Longitude 65 ..23 he fell in with the Game Cock Privateer of Rhode,Island Commanded by Capt Timothy Peirce of Providence, who brought him too examined his papers and finally determined to make Prize of his Ship and cargo, under pretence of her having two or three Sets of Papers, and accordingly he put a Prize Master and men onboard the Ship taking out Captain Smith his officers and men also some passengers, but Capt Smith after entreating him for thirteen hours got Liberty to go onboard his Ship Again and was Sent in with her to the Port of Bedford where he now is. We Chartered this Ship in Feby last to perform A Voyage from hence to Lisbon thence to France and back to this Port on Account and risque of the United States (then Colonies) of America. The Ship had the voyage before Narrowly escaped being Seized in Ireland in Consequence of an attempt to take in Gun Powder to be brought hither and Mr McClenachans Friends found it necessary to take out A New Register for her there in order to screen her from the intended Seizure. When We Chartered her this Irish Register was deemed a fortunate Circumstance as the Restraining Act of Parliament was not then known to us, and having her cleared from the Customhouse here for Falmouth Under that Register, with Bills Loading Invoice and letters .Suited thereto, it was presumed wou'd carry her Clear of Seizure by British Men of War Should any of them Meet her on the outward passage. Our Instructions to Captain Smith are dated the 22nd Feby 1776 & recapitulate all these Circumstances, after Which they direct him peremtorily to proceed for Lisbon and there deliver his Cargo to Messrs Pasley & Co: of that place, unless they direct him to A better Market, after which he Was ordered to proceed to Nantes and receive from our Agent a Cargo of Arms, ammunition and other Goods or Merchandize and then to return to this Port with that Cargo on Accot of the United Colonies. It seems that when Captain. Smith first fell in with the Game Cock he feared she was his Enemy as no Letters of Marque were granted by Congress when he departed from hence, he therefore on his first examination produced to Capt Peirce only his Irish Register and Shipping Paper, but when he Saw the Commission Signed by Mr Hancock he then produced All his Papers and amongst the Rest our Orders to Captain Smith which must have fully and Clearly explained to Any man of Common Sense and common honesty the Nature of the Voyage, and if the love of Plunder had not prevailed over every other consideration Capt Peirce would have released the Ship, especially as there were on board Four. French Gentlemen and their Domesticks, two of whom we suppose to be officers, and two Manufacturers with their people whom we wrote for by Order of Congress, and there can be little doubt but they would make Capt Peirce Sensible that the Ship was in the Continental Service. In Short we have laid this Matter before Congress and Capt Peirce's Conduct is judged to be extremely Criminal, but it is a just and commendable Maxim Not to condemn any Man Unheard and the Congress passed on this occasion the Resolve of which you will [find] a Copy inclosed. 2 Now sir, it is our duty to inform You, that the public Service is exceedingly injured by this transaction, for every Article of this Ships Cargo (Which belongs to the Con6nent) is and has been Much Wanted for some time past
If Capt Peirce had not interupted the Ships voyage She Would in all probabillity been Safe in this port some Weeks Since, and the Several articies before Now have been With the Army, instead of which they are Now onboard Ship at a Port distant from the Army, and the delay, danger, and expence of transporting them will be Very Great. Indeed the public are also insurers on the Ship and obliged to deliver her to the owner in this Port at their Risque, We cannot help mentioning that this is the Second or third instance of the Kind, and unless Such practices are discouraged in the beginning there is no knowing what lengths the Privateers may go, in short it is laying the foundation for breaking the union of America and opening the door to prey upon each other. We do therefore most earnestly entreat you, to order the Strictest Scrutiny into the Conduct of this same Capt Peirce, discover what reasons he can off er in his justification, and if they are not satisfactory we Shall order him to be prosecuted for the penalty of his Bond and sued for damages. We observe by a Copy of his letter to his Owners he acknowledges capt smiths orders were signed by Some Members of Congress, but he objects that they are interlined with different hand Writing and different Ink and without any Seal or permit from the President, but all this will not avail, he must give Much Stronger reasons than these or those he Calls a Foible before he will be justifyed in the Eyes of the Publick. We think it of the utmost importance to check this improper Hunt for Plunder, and hope you will exert your self in Support of So Salutary a measure — We have the honor to remain Your Honors [&c.]
Robt Morris —
Richard Henry Lee
Phil. Livingston
Fra: Lewis