Ch. 1.8. Primary Source: The Prohibitory Act, Dec., 1775

This law, also known as the ‘American Prohibitory Act,’ was passed by the British Parliament in an attempt to quell the American rebellion. It prohibited all colonial shipping and maritime trade, instituting a blockade of American ports, and declared that ships taken in violation of the blockade would be treated the same as ships taken from enemies.

 

British Parliament, Dec. 22, 1775

Whereas many persons in the colonies of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the three lower counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, have set themselves in open rebellion and defiance to the just and legal authority of the king and Parliament of Great Britain, to which they ever have been, and of right ought to be, subject; and have assembled together an armed force, engaged his Majesty’s troops, and attacked his forts; have usurped the powers of government, and prohibited all trade and commerce with this kingdom and the other parts of his Majesty’s dominions; for the more speedily and effectually suppressing such Wicked and daring designs, and for preventing any aid, supply, or assistance being sent thither during the continuance of the said rebellious and treasonable commotions,

 

Be it therefore declared and enacted … that all manner of trade and commerce is and shall be prohibited with the colonies of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the three lower counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia; and that all ships and vessels of or belonging to the inhabitants of the said colonies, together with their cargoes, apparel, and furniture, and all other ships and vessels whatsoever, together with their cargoes, apparel, and furniture, which shall be found trading in any port or place of the said colonies, or going to trade, or coming from trading, in any such port or place, shall become forfeited to his Majesty, as if the same were the ships and effects of open enemies, and shall be so adjudged, deemed, and taken in all courts of admiralty, and in all other courts whatsoever.

 

And, for the encouragement of the officers and seamen of his Majesty’s ships of war, be it further enacted, that the flag officers, captains commanders, and other commissioned officers in his Majesty’s pay, and also the seamen, marines, and soldiers on board shall have the sole interest and property of and in all and every such ship, vessel, goods and merchandise. which they shall seize and take (being first adjudged lawful prize in any of His Majesty’s courts of admiralty) to be divided in such proportions, and after such manner, as his Majesty shall think fit to order and direct by proclamation or proclamations hereafter to be issued for those purposes.

 

And be it further enacted…, that it shall and may be lawful to and for the said flag officers, captains, and commanders respectively, to cause to be taken, or put on board any of his Majesty’s ships or vessels of war…all and every the masters, crews, and other persons who shall be found on board such ship as shall be seized and taken as prize as aforesaid…, the said mariners and crews to be considered…to be as much in the service of his Majesty…as if the said mariners and crews had entered themselves voluntarily to serve on board his Majesty’s said ships and vessels.

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American Legal History to the 1860s Copyright © 2020 by Richard Keyser. All Rights Reserved.

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