Daniel Bucklin's 1778 "Appeal to Congress" regarding
Massachusetts's treatment of his capture of the Anna Maria: the political
situation, the problems involved,
and the final Congressional inaction.
The following is a 1778 report from the Continental Congress's Court of
Appeals, which was a national tribunal established by the Congress. For
the "rest of the story" you will want to follow the link at the bottom of this
page, after the Congressional Journals on this page, to read about the political
situation ij which Daniel was involved,, the problems involved, and why the
final Congressional action was no action.
| The two printed Congressional Journal
pages regarding Daniel Bucklin's Appeal to Congress, quoted below, are
shown in thumbnail view. If you wish to see them, click on the
thumbnails. SATURDAY, OCTOBER 17, 1778
The Court of Appeals beg leave to report to Congress:
That the ship, Anna Maria was captured by the privateer, Revenge, Joseph White,
Commander, and
 libeled in the Admiralty Court, in the State of Massachusetts
Bay; That Daniel Bucklin, Commander of the private schooner of War, called
the Montgomery, put in a Claim to the said ship Anna Maria on behalf of himself and
all others concerned in the armed schooner, Montgomery, setting forth that at the
Time of the Capture, the aforesaid privateers, Montgomery and Revenge, were in
consort and jointly concerned in making the same; yet it was so determined in
the said Court that final Sentence of Condemnation passed therein against the
said prize ship, for the sole use of the Owners and others concerned in the said
privateer, Revenge: From which Sentence the said Daniel Bucklin, appealed
according to the Laws and usage of the State of Massachusetts Bay, to the
Superior Court of Judicature, within the same State, by whose determination, the
Sentence of the Court below was confirmed; From which Decree of Affirmance, the
said Daniel Bucklin prayed an Appeal in open Court to Congress which was refused
by the Justices of the said Court.
The Court of Appeals beg leave further to report that by the laws of the
State of Massachusetts Bay from all Judgments or Sentences given in the Court
of Admiralty on the Capture of any vessel by an armed vessel of the United
States, an appeal is allowed to the Continental Congress. But where the Capture
is made by any other armed Vessel than those in the Service of the United
States, an appeal is allowed only to the Superior Court within the State. In
this case the privateer Revenge which took the prize ship Anna Maria was fitted
out by certain Individuals in the State of Massachusetts Bay, and therefore the
Judges holding themselves bound by the Laws of the said State, refused an
Appeal.
This Law your Court of Appeals conceive has a very dangerous
tendency to interrupt the peace, Safety and Union of the United States and is in
direct violation of the resolve of Congress which grants an appeal in all Cases.
It is necessary that a speedy Decision should be given upon the validity of this
Law, so far as it contravenes the resolve of Congress, and that it may go with
the more weight to the States, the Court have referred the Matter to Congress.
Adjourned to 9 o' Clock on Monday
|
 This report of the Court of Appeals, in the handwriting of John Henry, lies in the
manuscript Papers of the
Continental Congress, No. 59, II, folio 367. It is endorsed: "Appeals delivered
17 October [1778?] by Mr. Griffin, said to have been left in his hands by Mr.
Harvie." Actually, the Appeal to Congress by Daniel was received by
Congress in June, and referred to a Committee and the Commitee had reported long
before 17 October. There does not appear to be any further Congressional
Acdtion. Perhaps Congress
 
may have considered it the better part of political wisdom to "forget" to act
upon Daniel's Appeal to Congress.. However, a committee was formed to
investigate, and Congress issued a resolution the captain of the Revenge should
appear before Congress. Click on thumbnails to see Congressional Journal pages
on the subject.)
Now read "the rest of the story": the political situation, the problems
involved, and the final Congressional inaction on the appeal of Daniel Bucklin. .
Read directly from the collection,
Documents from
the Continental Congress and the Constitutional Convention, 1774-1789
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