Naval Act of 1794

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The Act to Provide a Naval Armament (1 Stat. 350), also known as the Naval Act, was passed by the United States Congress on March 27, 1794 and established the first naval force, which eventually became the United States Navy.

During the period from 1783 (when the last fighting ship of the American Revolutionary War was sold) until 1797, America's only armed maritime service was the Revenue Cutter Service. During the 1790s American merchant shipping began to be harassed by France and by pirates from the Barbary Coast area, most notably Algiers. This had not been a problem when America was under the protection of the British Empire, but after the War of Independence many foreign powers felt they could harass American merchant ships with impunity. Indeed, once the French Revolution started, Britain also started interdicting American merchant ships. In addition to this, eleven ships were seized by pirates during the 1790s, and there was nothing the fledgling American government could do about it. With this as the backdrop, America began thinking about constructing a force to defend her merchant marine.

The Act provided for the construction of four ships to carry forty guns each, and two ships to carry thirty-six guns each — by purchase or otherwise. This was a major philosophical shift for the young Republic, many of whose leaders felt that a Navy would be too expensive to raise and maintain, too imperialistic, and would unnecessarily provoke the European powers. In the end, however, it was felt necessary to protect American interests at sea.

In March 1796, as construction of the frigates slowly progressed, a peace accord was announced between the United States and the Dey of Algiers. In accordance with clause nine of the Naval Act of 1794, a clause that specifically directed that construction of the frigates be discontinued if peace was established, construction on all six ships was halted. After heated debate, Congress agreed to continue to fund the construction of the three ships closest to completion. Finally, on May 10, 1796, the USS United States, the first of the nation's new warships, was launched in Philadelphia. This launching was followed by completion of the USS Constellation on September 7, 1797, and finally by the USS Constitution on October 21, 1797.