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Long title | That it is the duty of all persons in the service of the United States, as well as all other the inhabitants thereof, to give the earliest information to Congress or other proper authority of any misconduct, frauds or misdemeanors committed by any officers or persons in the service of these states, which may come to their knowledge. |
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Effective | July 30, 1778 |
Legislative history | |
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The Whistleblower Protection Act of 1778 was an Act of Congress passed by the Second Continental Congress and signed into law by President of the Continental Congress Henry Laurens in 1778. It was the first piece of legislation concerning whistleblower protection in the United States passed by Congress. The act was created as a result of Continental Navy officer Esek Hopkins being reported on by fellow officers for torturing British prisoners of war. Congressional politicians, aware of the burdens the act placed on American civil servants, included in the act a provision for legal expenses in the event that whistleblowers were the subject of legal proceedings. Laurens signed the act into law in York, Pennsylvania on July 30, 1778. [1]
The Whistleblower Protection Act of 1778 was the first piece of legislation concerning whistleblower protection in the United States passed by the Second Continental Congress. The act was created as a result of the actions of Continental Navy officer Commodore Esek Hopkins, who was reported on by ten fellow officers in February 1777, including Richard Marven and Samuel Shaw, for torturing British prisoners of war imprisoned onboard the frigate USS Warren while it was in the Providence River. The whistleblowers reported on Hopkins' use of torture by filing a petition to the Eastern Navy Board, then the Marine Committee, and ultimately the Second Continental Congress. Congressional politicians, aware of the burdens the act placed on American civil servants, included in the act a provision for legal expenses in the event that whistleblowers were the subject of legal proceedings. President of the Continental Congress Henry Laurens signed the act into law in York, Pennsylvania on July 30, 1778. [2] [3]
The petition went as follows:
The Complaint Petitions as Filed by the Continental Navy Mariners
On Board the Warren - Feby 19, 1777
To the Honorable Marine Committee
Much respected Gentlemen
We, who present this petition, engaged on board the ship Warren, with as earnest desire and fixed expectations of doing our country Some Service; we are still anxious for the weal of America, and wish nothing more earnestly than to see her in peace and prosperity. We are ready to hazard every thing that is dear, and if necessary, Sacrifice our lives for the welfare of our country. We are desirous of being active in the defense of our constitutional liberties and privileges against the unjust cruel claims of tyranny and oppression, but as things are now circumstanced on board the frigate there seems to be no prospect of our being serviceable in our present stations. We have been in this Situation for a considerable space of time. We are personally well acquainted with the real character and conduct of our commander, commodore Hopkins, and we take this Method, not having a more convenient opportunity, of sincerely and humbly petitioning the Honorable Marine Committee that they would inquire into his character and conduct, for we suppose that his Character is such, and that he has been guilty of such crimes as render him quite unfit for the publick department he now occupies, which crimes we the Subscribers can Sufficiently attest. [4]
P.S. Captain Grannis the bearer of this will be able to give all the information desired.
- - Roger Haddock
- - John Truman
- - James Browden
- - John Grannis
- - John Reed
- - Jas Sellers
- - Richard Marven
- - George Stillman
- - Barnabas Lothrop
- - Samuel Shaw
On Board the Ship Warren - Feby 23, 1777
The regard which I have for my country has induced me to write the following accusation against Commodore Hopkins.
First, I know him to be a man of no principles, and quite unfit for the important trust reposed in him. I have often heard him curse the honorable marine committee in the very words following. God damn them. They are a pack of damned fools. If I should follow their directions, the whole country would be ruined. I am not going to follow their directions, by God. Such profane Swearing is his common conversations, in which respect he Sets a very wicked and detestable example both to his Officers and Men. Tis my humble opinion that if he continues to have the command, all the Officers, who have any regard to their own characters, will be obliged very soon to quit the service of their country. When the frigates were at Newport, before the British fleet took possession of that place, more than a hundred men, who were discharged from the Army, the most of them Seamen, were willing to come on board the ships and assisting carrying them to Boston, or any other harbour to the Eastward, in order that they might be maned, but commodore Hopkins utterly refused, being determined to keep them in this state, from which, we have not been able, after all our pains, to procure a single man for this Ship. He has treated prisoners in a very unbecoming barbarous manner. His Character and conduct are Such, in this part of the country, that I can see no prospect of the fleets being maned. [5]
- - Jas Sellers
Ship Warren - Feby 24, 1777
The following lines contain the reasons why we signed the petition against Commodore Hopkins, we consider him, on the account of his real Character, quite unfit for the important publick Stations wherein he now pretends to act. We know him to be from his conversation and conduct, a man destitute of the principles, both of religion and Morality. We likewise know that he Sets the most impious example both to his officers and Men by frequently profaning the name of almighty God, and by ridiculing virtue. We know him to be one principle obstacle [ sic ], or reason why this Ship is not man'd; and people are afraid to engage in the fleet through fear of their being turned over to this Ship. We have considered it as an indispensable duty we owe our country Sincerely to petition the Honorable Marine Committee that his conduct and character be inquired into for as things are now circumstanced, we greatly fear these frigates will not be in a Situation capable of doing America any service. [6]
- - Richard Marven
- - George Stillman
- - Barnabas Lothrop
Commodore Hopkins is very much blamed by people here for not destroying a British frigate when on ground a few days ago in this River, and we suppose very justly.
- - Jas Sellers
- - Richard Marven
Ship Warren - Feby 24, 1777
I the Subscriber have heard Commodore Hopkins Say that the Continental Congress were a pack of ignorant Lawyers Clerks and that they know nothing at all. I also have heard him Say, when earnestly persuaded to remove the fleet to Boston, being in constant expectation that this river would be blocked up, the Ships Shall not go to Boston, by God. [7]
- - Pr. James Brewer
Ship Warren - Feby 24, 1777
I the Subscriber, can attest that our Commander Commodore Hopkins has Spoken very abusively concerning the Honorable Congress; calling that respectable assembly, who ought to be considered as the guardians of American liberty, a pack of ignorant lawyers Clerks, who know nothing at all. [8]
- - John Truman
Ship Warren - Feby 24, 1777
I the Subscriber have heard Commodore Hopkins assert that the Continental Congress were a pack of damned rascals; the best of them were lawyers Clerks, and knew nothing of their business; that he, his self, intended to leave the Navy and go to Philadelphia in order that the Congress might have Somebody there who knew Something, for Shame and destruction might be the portion of the American fleet unless he undertook to negotiate that affair. [9]
- - Samuel Shaw
On Board the Warren - Feby 24th, 1777
I, the Subscriber do know that our commander, Commodore Hopkins allows himself to Speak in the most disrespectful Manner concerning the honour ye Continental Congress although I have lived in the cabin with him. I do not remember that he ever once has Spoken well of those guardians of America, but Seems to embrace with pleasure every opportunity in order to disparage and Slander them. He does not hesitate to call them a pack of ignorant fellows — lawyers clerks — persons that don't know how to govern — Men who are unacquainted with their business, who are unacquainted with the nature of Mankind, that if their precepts and measures are complied with the country will be ruined. I have also, heard him say that he would not obey the Congress. He not only talks about them most disrespectfully among our own folks, but I have heard him exert himself earnestly in order to disparage them before Strangers, before two prisoners, who were Masters of vessels on their passage to New-port in order to be exchanged. He also positively asserts that all mankind are exactly alike — That no man yet ever existed who could not be bought. That any person living might be hired with money to do any action whatsoever; this he also asserted in the hearing of the before mentioned prisoners, for what reason I can't determine, unless he was desirous of making a bargain with Sr. Peter Parker. He allow's himself in anger and in common conversation, to take the name of God in vain, he is remarkably addicted to profane Swearing; in this respect, as well as in many other respects, he sets his Officers and Men a most irreligious and impious example. He has treated prisoners in the most inhuman and barbarous manner. I very well know, by hear say, how he has conducted in regard to his men's being paid off, and being discharged when the term of time for which they engaged was expired. In this part of America, people are afraid of him; they are jealous of him; and he is an effectual obstacle to the fleets being properly Maned. He is very much blamed by people here, for not destroying a British frigate when on ground a few days ago, in this river. I am not prejudiced against the Man, My own conscience, the regard I have for my country, and the advice and earnest desire of many respectable gentlemen have induced me to write what I have written. [10]
- - John Reed
The Continental Navy was the navy of the Thirteen Colonies during the American Revolutionary War. Founded on October 13, 1775, the fleet developed into a relatively substantial force throughout the Revolutionary War, owing partially to the substantial efforts of the Continental Navy's patrons within the Continental Congress. These Congressional Patrons included the likes of John Adams, who served as the Chairman of the Naval Committee until 1776, when Commodore Esek Hopkins received instruction from the Continental Congress to assume command of the force.
Samuel Nicholas was an American marine and military officer who was the first officer commissioned in the United States Continental Marines and by tradition is considered to be the first Commandant of the Marine Corps.
Captain Silas Talbot was an American military officer and slave trader. He served in the Continental Army and Continental Navy during the American Revolutionary War, and is most famous for commanding USS Constitution from 1799 to 1801. Talbot was a member of the Society of the Cincinnati's branch in New York.
The first USS Hornet was a merchant sloop chartered from Captain William Stone in December 1775 to serve under Stone as a unit of Esek Hopkins' Fleet. The voyage would be the first military action for master's mate Joshua Barney. The vessel was damaged while sailing with the fleet and returned to base. Hornet patrolled Delaware Bay until being captured on 27 April 1777 by the Royal Navy. Hornet was taken to Jamaica, where the ship was found to be leaking and was condemned.
Esek Hopkins was an American naval officer, merchant captain, and privateer. Achieving the rank of Commodore, Hopkins was the only Commander-in-Chief of the Continental Navy during the American Revolutionary War. The Continental Congress commissioned him as Commander-in-Chief of the Navy in December 1775.
USS Providence was a sloop-of-war in the Continental Navy, originally chartered by the Rhode Island General Assembly as Katy. The ship took part in a number of campaigns during the first half of the American Revolutionary War before being destroyed by her own crew in 1779 to prevent her falling into the hands of the British after the failed Penobscot Expedition.
Alfred was the merchant vessel Black Prince, named for Prince Edward, Duke of Cornwall and launched in 1774. The Continental Navy acquired her in 1775, renaming her Alfred after 9th century English monarch Alfred of Wessex, and commissioned her as a 24-gun frigate. During the American Revolutionary War, the Alfred participated in two major naval operations; the battles of Nassau and Block Island. The Royal Navy captured her in 1778, took her into service as HMS Alfred, and sold her in 1782. She then became the merchantman Alfred, and sailed between London and Jamaica.
Andrew Doria was a brig purchased by the Continental Congress in November 1775. She is most famous for her participation in the Battle of Nassau—the first amphibious engagement by the Continental Navy and the Continental Marines—and for being the first United States vessel to receive a salute from a foreign power.
Nicholas Biddle was one of the first five captains of the Continental Navy, which was raised by the Continental Congress during the American Revolutionary War. Biddle was born in Philadelphia in 1750. He began sailing at the age of 13 and joined the Royal Navy when he was 20. In 1773, he sailed the Arctic with Constantine Phipps and Horatio Nelson. When the Revolutionary War began in 1775, Biddle joined the Continental Navy and commanded several ships. In 1778 off the coast of Barbados, Biddle confronted HMS Yarmouth, a 64-gun British warship. After a twenty-minute battle, Biddle's ship Randolph suddenly exploded, killing him and most of his men. Four ships of the U.S. Navy have been named in his honor.
Dudley Saltonstall (1738–1796) was an American naval commander during the American Revolutionary War. He is best known as the commander of the naval forces of the 1779 Penobscot Expedition, which ended in complete disaster, with all ships lost. Norton (2003) argues the Penobscot Expedition was a total failure due to poor planning, inadequate training, and timid leadership on the part of Saltonstall.
The Pennsylvania Navy served as the naval force of Pennsylvania during the American Revolution and afterward, until the formation of the United States Navy. The navy's vessels served almost exclusively on the Delaware River, and were active in first defending the approaches to the city of Philadelphia during the British campaign that successfully occupied the city in 1777, and then preventing the Royal Navy from resupplying the occupying army.
The Continental Marines were the amphibious infantry of the American Colonies during the American Revolutionary War. The Corps was formed by the Continental Congress on November 10, 1775, and was disbanded in 1783. Their mission was multi-purpose, but their most important duty was to serve as onboard security forces, protecting the captain of a ship and his officers. During naval engagements, in addition to manning the cannons along with the crew of the ship, Marine sharpshooters were stationed in the fighting tops of a ship's masts specifically to shoot the opponent's officers, naval gunners, and helmsmen.
The Raid of Nassau was a naval operation and amphibious assault by American forces against the British port of Nassau, Bahamas, during the American Revolutionary War. The raid, designed to resolve the issue of gunpowder shortages, resulted in the seizure of two forts and large quantities of military supplies before the raiders drew back to New England, where they fought an unsuccessful engagement with a British frigate.
USS Warren was one of the 13 frigates authorized by the Continental Congress on 13 December 1775. With half her main armament being 18-pounders, Warren was more heavily armed than a typical 32-gun frigate of the period. She was named for Joseph Warren on 6 June 1776. Warren was burned to prevent capture in the ill-fated Penobscot Expedition in 1779.
American colonial marines were various naval infantry units which served during the Revolutionary War on the Patriot side. After the conflict broke out in 1775, nine of the rebelling Thirteen Colonies established state navies to carry out naval operations. Accordingly, several marine units were raised to serve as an infantry component aboard the ships of these navies. The marines, along with the navies they served in, were intended initially as a stopgap measure to provide the Patriots with naval capabilities before the Continental Navy reached a significant level of strength. After its establishment, state navies, and the marines serving in them, participated in several operations alongside the Continental Navy and its marines.
The Battle of Block Island was a naval skirmish which took place in the waters off Rhode Island during the American Revolutionary War. The Continental Navy under the command of Commodore Esek Hopkins was returning from a successful raid on Nassau when it encountered HMS Glasgow, a Royal Navy dispatch boat.
The Rhode Island State Navy was the first colonial or state navy established after the American Revolutionary War began in April 1775 with the Battles of Lexington and Concord. On the following June 15, the General Assembly authorized the acquisition of two ships for the purpose of defending the colony's trade. The state's ships were generally used for defensive operations within Narragansett Bay, although some prizes were taken. The state was also one of the first to authorize privateering.
Richard Marven was a Revolutionary War naval officer who, along with Samuel Shaw, were instrumental figures in the passage of the first whistleblower protection law in the United States. The Continental Congress was moved to act after an incident in 1777, when Marven, a third lieutenant in the Continental Navy, and Shaw, a midshipman, were part of a group of sailors and marines who blew the whistle on Commodore Esek Hopkins, the commander-in-chief of the Continental Navy. The group accused Hopkins of torturing British prisoners of war. Marven and Shaw were from Rhode Island, as was Hopkins, whose brother was governor of the new state and had been a signatory to the Declaration of Independence. After being dismissed from the Continental Navy, Commodore Hopkins filed a criminal libel suit against Marven and Shaw in the Rhode Island courts.
Samuel Shaw was a Revolutionary War naval officer who, along with Richard Marven, were the first whistleblowers of the infant United States. As a whistleblower, Shaw was instrumental in the Continental Congress' passage of the first whistleblower protection law in the United States. Shaw, a midshipman, and Marven, a third lieutenant in the Continental Navy, were moved to act after witnessing the torture of British prisoners of war by Commodore Esek Hopkins, then Commander-in-Chief of the Continental Navy. Shaw and Marven were both from Rhode Island, as was Hopkins, whose brother was Stephen Hopkins, Governor of the new state, and a signatory to the Declaration of Independence. For reporting the misconduct of the Navy's highest officer, Shaw and Marven were both dismissed from the Navy. Hopkins then filed a criminal libel suit against Shaw and Marven in the Rhode Island Courts.
National Whistleblower Appreciation Day is an annual recognition of whistleblowers whose actions have protected the American people from fraud or malfeasance.
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