Chapter XI: The Navy of Massachusetts

With the exception of New Jersey and Delaware, each of the thirteen original states during the Revolution owned one or more armed vessels. Massachusetts, Connecticut, Pennsylvania, Maryland, Virginia, and South Carolina had the largest fleets. New Hampshire with its one ship and Georgia with its four galleys just escaped from being in the same class with New Jersey and Delaware. The navies of Rhode Island, New York, and North Carolina were small. The navy of no one state was so large as that of Congress. The total number of state craft, however, greatly exceeded the number of vessels in the Continental navy. The state vessels on the average were smaller and not so well armed as the Continental vessels. The states generally had less means for naval purposes at their disposal than had Congress, and were therefore not so well able to build large vessels. Then, too, the chief need of each state for a navy was to defend its seaports, coasts, and trade. For such service small craft, adapted for running in and out of shallow harbors, rivers, and bays, was demanded. The states therefore provided themselves with armed boats of various sizes, galleys with and without sails, half-galleys, floating batteries, barges, and fire-ships. Besides such vessels as these, most of the states had a few larger and stouter sailing craft, mounting generally from ten to twenty guns, and fairly well fitted for deep-sea navigation. The one state whose deep-sea exceeded its inshore craft was Massachusetts.

The history of naval administration in the several states possesses some common features. It will be recalled that in most of the states the provincial government about the year 1775 was superseded by a revolutionary government, and this in turn about a year later was succeeded by a permanent state government. The revolutionary government consisted of a legislative body, or provincial congress, and an executive body, or committee of safety. The permanent state government consisted of a legislature of one or two houses and an executive, which was either a council, or a governor and council. The initial naval administration in the states usually fell to the committee of safety, or revolutionary executive, which, upon the change to a permanent state government, bequeathed its naval duties to the council or to the governor and council. In most of the states the details of naval administration were at some time during the Revolution lodged with an executive board. Some states had separate boards for naval and military affairs; in other states, one board performed both functions.

The history of naval administration in the states falls into two periods, one embracing the years from 1775 to 1778, the other the years from 1779 to 1783. In the first period each state procured a naval armament, as a rule, for the general purpose of providing a naval defence, and not to meet some specific call for armed vessels. By 1779 the first naval craft had been largely captured, destroyed, or sold; and often the first machinery of naval administration had been in large part removed. In response to special needs for armed vessels, calls for which came most often from those who were suffering from the ravages of the British fleets, the states now procured additional vessels, and often devised new administrative machinery to manage them.

In defensive warfare, the problem in each state was to provide for the defence of its ports, trade, coasts, and shipping. The offensive warfare of the state navies, which was quite secondary in importance, consisted chiefly of commerce-destroying, conducted along the great ocean-paths of British trade. The principal problem here was for the American vessels in leaving home ports and in returning with their prizes to elude the British vessels, which hovered along the American coast, especially at the mouths of the Chesapeake, Delaware, and Narragansett bays. It is always to be remembered that in all the states the privateers exceeded the state craft, which were often insignificant in comparison.

The reader recalls that in June, 1775, the battle of Bunker Hill was fought, a British army occupied Boston, and British vessels sailed the New England seas with little or no opposition. These vessels had already committed depredations and “piracies” upon the coasts and trade of Massachusetts, and were obstructing the importation of ammunition and provisions for the Continental army. It was under these circumstances that Massachusetts took her first step towards procuring a naval armament. On June 7 her third Provincial Congress appointed a committee of nine “to consider the expediency of establishing a number of small armed vessels, to cruise on our sea coasts, for the protection of our trade, and the annoyance of our enemies.” The Provincial Congress, which moved very cautiously, enjoined secrecy on the committee. On June 10 three additional members were added to the committee; but later in the day a new committee consisting of seven members was apparently substituted for the old one. On June 12 the committee “appointed to consider the expediency of establishing a number of armed vessels” made a report which provided for the fitting out of not less than six vessels, to mount eight to fourteen carriage guns, and to cruise under the orders of the Committee of Safety—the chief executive organ of the Provincial Congress consisting of nine members, three of whom were from Boston. This report came up several times between June 12 and June 20. Finally on the latter date “the matter was ordered to subside.”[383] The Battle of Bunker Hill which was fought on June 17 may have had something to do with this action of the Provincial Congress.

On July 19, 1775, the Revolutionary government in Massachusetts was superseded by a permanent government consisting of a House of Representatives and a Council of eighteen members elected by the House; the two houses were called the General Court. The continued depredations of the British now caused several endangered ports to ask the General Court to provide them with a naval defence. The part of Massachusetts which during the Revolution was most exposed to the attacks of the British, and which was most troublesome to defend, was the coast of Maine, then often referred to as the Eastern Coast. In August, 1775, a petition came to the General Court from Machias, a town situated on the Maine coast a few miles west of the present Eastport, asking that commissions be granted to officers and men on board two armed vessels which citizens of Machias had fitted out for the defense of their town. In response the General Court took into the service of the state the sloop “Machias Liberty” and the schooner “Diligent.”[384] Jeremiah O’Brian, one of the men who had signed the petition, was commissioned by the Council commander-in-chief of the two vessels; and he was directed to enlist a number of men, not to exceed thirty, for each vessel. The “Machias Liberty” and the “Diligent” were in the service of the state until October, 1776, when they were discharged. About the first of October, 1775, Salem and Newburyport each asked the General Court for naval aid similar to that granted to Machias, but did not receive it.[385]

The General Court of Massachusetts next turned its attention to privateering. The acts of the states on this head fall into two general classes; those which in terms established state privateering, and those which adopted Continental privateering or accommodated state laws to the same. After the first half of 1776 all the states used Continental commissions and bonds. Massachusetts, moving in this matter before Congress, necessarily established state privateering. On September 28, 1775, her House of Representatives, having such establishment in view, appointed a committee of seven to consider the “Expediency of fitting out a Number of Armed Vessels.” On October 9, this committee reported in favor of instituting privateering and a prize court to try cases of capture. On October 14 a bill embodying the committee’s recommendations was introduced. It now passed slowly through the legislative mill, and on November 1 it became a law.[386] John Adams once referred to this statute of Massachusetts as one of the most important documents in the history of the Revolution. Its preamble was the work of Elbridge Gerry, and the body of the law was drafted by James Sullivan, many years later Governor of Massachusetts.[387] Gerry stated the sanctions for the law. These he found in the arbitrary and sanguinary acts of Great Britain, in the charter of Massachusetts granted by King William and Queen Mary, and lastly in the resolution of the Continental Congress of July 18, 1775, recommending each colony to provide by armed vessels or otherwise for the protection of its harbors and navigation.

The Massachusetts law provided that all vessels convicted of making unlawful invasions or attacks on the seacoasts or navigation of any part of America should be forfeited. The Council was authorized to grant letters of marque and reprisal to masters and owners of vessels upon their entering into bond faithfully to discharge the duties of their office and to observe the naval laws of the colony. Three admiralty districts embracing the counties on the Massachusetts seacoast were established. The Southern district with the seat of its court at Plymouth embraced Plymouth county and the counties to the southward; the Middle district with the seat of its court at Ipswich embraced the counties of Suffolk, Middlesex, and Essex and extended from Plymouth county to New Hampshire; and the Eastern district with the seat of its court at North Yarmouth embraced the seacoast counties of Maine. The form of procedure in these courts was fixed for both captured and recaptured vessels. In the latter case salvage was from one-third to one-fourth of the selling price of the vessel. The facts in prize cases were to be tried by twelve good and lawful men. At this time the people of Massachusetts were so enraged at the judges of the former Provincial admiralty court that they would have universally condemned the trying of facts in prize cases by judges.[388]

The Council soon appointed three judges of admiralty, Nathan Cushing for the Southern district, Timothy Pickering for the Middle district, and James Sullivan for the Eastern district. Elbridge Gerry declined the judgeship for the Middle district. After trying about one hundred and fifty prize cases, Pickering in June, 1777, resigned, and was succeeded by Nathan Cushing, who now served as judge in both the Southern and Middle districts.[389] Comparatively few cases were tried in the Southern and Eastern districts. Timothy Langdon was for a long time judge of the Eastern district.

During the fall of 1775 the General Court took no steps towards establishing a state navy. It was at this time assisting Washington in obtaining and arming vessels for the Continental military service around Boston. Early in December the House of Representatives, acting on a recommendation contained in a letter from John Adams at Philadelphia, resolved to obtain statistics on the number of officers, seamen, and vessels, suitable for naval purposes, in the seaports of Massachusetts. On December 29 the Council declared for a navy by passing the following resolution: “Whereas several of the United Colonies have of late thought it expedient and necessary to fit out armed Vessels for the Defence of American Liberty, and it appears to this Court necessary that Measures be taken by this Colony for our further Protection by Sea: Therefore, Resolved that John Adams and Joseph Palmer, Esqurs. with such as the Hon. House shall join be a committee for fitting out one or more Vessels for the Defence of American Liberty.”[390]

The House at once appointed its members of the committee, which on January 12, 1776, made a report favorable to the establishment of a navy.[391] Accordingly, on February 7 a resolution passed the General Court to build ten sloops of war, of 110 or 115 tons burden, each, suitable for carrying fourteen to sixteen carriage guns, 6-pounders and 4-pounders. A joint committee of the two houses was appointed to build the vessels, and £10,000 was voted for that purpose.[392] On the 16th the committee was authorized to contract for the building of only five vessels, until there was a prospect of procuring materials for ten; it was authorized to buy five vessels, if it thought best.[393] By July, 1776, the sloop “Tyrannicide” built at Salisbury, the brigantine “Rising Empire” built at Dartmouth, and the brigantine “Independence” built at Kingston were ready for sea; and by September the sloops “Republic” and “Freedom” built at Swanzey, and the “Massachusetts” built at Salisbury were completed.

Meanwhile the General Court had prepared and adopted the legislation necessary to establish a navy. It had drafted proper naval forms; and it had appointed a number of naval officers. A partial pay-table was established on February 8.[394] This on April 12 was succeeded by a new one, which generally raised wages, and which provided for a number of new offices. A captain was now to receive a monthly wage of £8; a first lieutenant, £5, 8s.; a second lieutenant, £5; a master, £4; a mate, £3; a surgeon, £7; and an ordinary seaman, £2. Each vessel was to be provided with 115 officers and seamen. No better proof of the rawness of the naval service is needed than that afforded by the regulation that recruits, whether officers, seamen, or marines, should furnish themselves with “a good effective Fire Arm, Cartouch Box, Cutlass, and Blanket.” The captains were ordered to recommend to the Council a list of inferior officers and to enlist the proposed number of seamen and marines. Captors were given one-third of the proceeds of prizes.[395]

On April 27, 1776, the General Court fixed the respective shares of the proceeds of prizes for officers and seamen: a captain was to receive six shares, and “all the Cabbin Furniture;” a first lieutenant, five shares; a drummer, one and one-fourth shares; a seaman, one share; and a boy, one-half a share.[396] On April 29, in order to encourage enlistment, an advance of one month’s wages was voted to recruits. On the same day it was decided that “the Uniform of Officers be Green and White, and that the Colours be a white Flagg, with a green Pine Tree, and an Inscription, ‘Appeal to Heaven.’”[397] On July 26 the Council appointed a prize agent in each of the three admiralty districts, whose duty was to represent the state in receiving, trying, and selling prizes.[398] At times the prize agents assisted in fitting out vessels.

During the first half of 1776 the law of November 1, 1775, establishing privateering, was three times amended and remodelled.[399] The law was thereby accommodated to the resolutions of the Continental Congress fixing the kinds of property subject to capture, and the respective shares of captors and recaptors. Doubts which had arisen as to the proper construction of the original act were now removed. The procedure before admiralty courts was made more specific. In cases of captures made by Continental vessels, appeals were permitted from state admiralty courts to the Continental Congress; in all other cases, appeals were allowed to the superior state courts. In each of the three admiralty districts in Massachusetts additional towns were named where court might be held. The towns named for the Middle district were Boston, Salem, Ipswich, and Newburyport.

During the summer and fall of 1776 the instructions and orders to the captains of the armed vessels were issued to them by the Council, having been previously prepared by a committee. The following instructions, which were drafted by Thomas Cushing and Daniel Hopkins, were given to Captain John Fisk, and will suffice as a sample of such documents:

“The Brigantine Tyrannicide under your Command being properly Armed and Man’d and in other respects fitted for a Cruise you are hereby Ordered and directed immediately to proceed to sea and use your utmost Endeavors to protect the Sea Coast and Trade of the United States and you are also directed to exert yourself in making Captures of all Ships and other Vessels Goods Wares and Merchandise belonging to the King of Great Britain or any of his subjects wherever residing excepting only the Ships and Goods of the Inhabitants of Bermuda and the Bahama Islands—You are directed not to Cruize further Southward than Latitude Twelve North nor farther East than Longitude Nine Degrees West from London nor farther West than the Shoals of Nantucket. At all times using necessary precautions to prevent your Vessel from falling into the hands of the Enemy.

“And Whereas you have received a Commission authorizing you to make Captures aforesaid and a set of Instructions have been delivered you for regulating your Conduct in that matter; these Instructions you are Hereby directed diligently to attend to, and if you are so fortunate as to make any Captures you are to Order them to make the first safe Harbor within the United States.-and you are further Ordered not to expend your Ammunition unnecessarily and only in time of Action or firing Alarm or Signal guns.”[400]

Until October, 1776, the Massachusetts navy was administered by the General Court, committees of its members, the Council, and naval agents. The General Court for the period of its recess in May, 1776, placed the armed vessels in the charge of “the committee for fortifying the harbor of Boston.” By the fall of that year it realized that “secrecy, dispatch, and economy in conducting the war” demanded a special executive department. Accordingly, on October 26 it established a Board of War consisting of nine members, any five of whom constituted a quorum. The Board of War was “empowered to Order and Direct the Operations of the Forces in the Pay of this State, both by sea and land, by giving the Commanders of the Troops, Garrisons, and Vessels of War, such Orders for their Conduct and Cruizes from time to time as they shall think proper.”[401] It organized by electing a president and secretary; and it rented permanent quarters near the State House in Boston. In December, 1776, James Warren, later Commissioner for the Continental Navy Board at Boston, was president of the Board of War. Philip Henry Savage was for a long time its president. Savage presided at the meeting in 1773 at Old South Church which decided that the tea should not be landed.[402] The Board of War entered upon its work with vigor in November, 1776. It was yearly renewed, until it was dissolved in February, 1781.

The principal business of the Board of War was the administration of the naval, commercial, and military affairs of the state. Its naval and commercial duties were quite engrossing. The Board kept fairly distinct the activities of its “armed” and “trading” vessels. It is true that the armed vessels were now and then sent on commercial errands, or combined in a single voyage naval and trading duties. The sloop “Republic,” used for a short time as a naval vessel, was taken into the commercial service. The Massachusetts Archives contain a list of thirty-two trading vessels owned or chartered by the Board of War.[403] These vessels visited Nantes, Bilbao, Martinique, Guadaloupe, St. Eustatius, Cape Francois, Baltimore, and the ports of North and South Carolina. They carried as staple exports, fish, lumber, and New England rum.

As a rule the work of the Board of War in looking after its trading vessels exceeded its naval work. At times, as in the case of the Penobscot expedition, the naval duties were the important ones. A week’s work of the Board in behalf of its armed vessels shows a curious mixture of orders on the commissary-general for clothing and provisions, and on the state storekeeper for naval stores; and of directions to the prize agents, the agents for building armed vessels, and the naval captains. The General Court permitted the Board a rather free hand in its management of the navy. The Board carried on a considerable correspondence with the commanders of the armed vessels. The following letter written to the Board by Captain John Clouston of the armed sloop “Freedom” on May 23, 1777, from Paimboeuf, France, will illustrate this correspondence from the Captain’s side. Clouston’s disregard of orthography and punctuation is exceptional even for a Revolutionary officer.

“Gentlemen:

I have the pleasure of Informing your Honours by Capt. Fisk of the
‘Massachusetts’ That on the first Instant I arrived safe in this
Port after taking twelve Sail of Englis Vessels Seven of which
I despatched for Boston Burnt three gave one smal Brigg to our
Prisners and one Retaken by the ‘Futereange’ which Chast us fore
Glasses and finding she Could not Cume up with us she gave Chase
to our Prize and toock her in our sight—I have Cleaned & Refited
my Vessel and Taken in forty Tons of War like Stores and have bin
waiting for a wind to go this fore days—Capt. Fisk being short of
Provisions I have supplied him with foreteen Barels of Pork and
Eleven of Beef and have Suffisantse for my Vessel left.”[404]

In January, 1777, a new sea establishment was effected. Wages were
generally raised, no doubt chiefly to meet their decrease caused
by the depreciation of the currency. A captain was now to receive
a monthly wage of £14, 8s.; a lieutenant or a master, £7, 4s.; a
seaman, £2, 8s.; and a boy, £1, 4s. The offices established in the
Massachusetts navy, while not quite so many, were in general the
same as those in the Continental navy. The Massachusetts navy,
however, had the offices of prizemaster, pilot, and boy, which
did not occur in the Continental list. Following the regulations
of Congress, the General Court now gave captors one-half of their
captures. The rations for seamen were modelled on the Continental
bill of fare.[405] On March 21, 1777, the General Court adopted
rules and regulations for its ships of war; and it ordered that
they should be read by the commanding officer of a vessel at least
once a week. These rules, while briefer than the Continental rules,
naturally followed the same general lines. They show either the
influence of the Continental rules or of the English rules upon
which the Continental rules were based. The following curious rule
in part parallels quotations made from the Continental rules in