immediate service of the Government of any of the belligerent parties
which if done to other vessels would be of a doubtful nature, as being
applicable either to commerce or war, are deemed lawful, except those
which shall have made prize of the subjects, people, or property of
France coming with their prizes into the ports of the United States
pursuant to the seventeenth article of our treaty of amity and commerce
with France.
4. Equipments in the ports of the United States by any of the parties at
war with France of vessels fitted for merchandise and war, whether with
or without commissions, which are doubtful in their nature, as being
applicable either to commerce or war, are deemed lawful, except those
which shall be made prize, etc.
5. Equipments of any of the vessels of France in the ports of the United
States which are doubtful in their nature, as being applicable to
commerce or war, are deemed lawful.
6. Equipments of every kind in the ports of the United States of
privateers of the powers at war with France are deemed lawful.
7. Equipments of vessels in the ports of the United States which are
of a nature solely adapted to war are deemed unlawful, except those
stranded or wrecked, as mentioned in the eighteenth article of our
treaty with France, the sixteenth of our treaty with the United
Netherlands, the ninth of our treaty with Prussia, and except those
mentioned in the nineteenth article of our treaty with France, the
seventeenth of our treaty with the United Netherlands, the eighteenth
of our treaty with Prussia.
8. Vessels of either of the parties not armed, or armed previous to
their coming into the ports of the United States, which shall not have
infringed any of the foregoing rules, may lawfully engage or enlist
their own subjects or citizens, not being inhabitants of the United
States, except privateers of the powers at war with France and except
those vessels which shall have made prize, etc.
The foregoing rules having been considered by us at several meetings and
being now unanimously approved, they are submitted to the President of
the United States.
THOMAS JEFFERSON.
ALEXANDER HAMILTON.
HENRY KNOX.
EDMUND RANDOLPH.
RESTITUTION OF PRIZES
AUGUST 5, 1793.
That the minister of the French Republic be informed that the President
considers the United States as bound, pursuant to positive assurances
given in conformity to the laws of neutrality, to effectuate the
restoration of or to make compensation for prizes which shall have been
made of any of the parties at war with France subsequent to the 5th day
of June last by privateers fitted out of their ports.
That it is consequently expected that he will cause restitution to be
made of all prizes taken and brought into our ports subsequent to the
above-mentioned day by such privateers, in defect of which the President
considers it as incumbent upon the United States to indemnify the owners
of those prizes, the indemnification to be reimbursed by the French
nation.
That besides taking efficacious measures to prevent the future fitting
out of privateers in the ports of the United States they will not give
asylum therein to any which shall have been at any time so fitted out,
and will cause restitution of all such prizes as shall be hereafter
brought within their ports by any of the said privateers.
That instructions be sent to the respective governors in conformity to
the above communication.
The foregoing having been duly considered, and being now unanimously
approved, they are submitted to the President of the United States.
THOMAS JEFFERSON.
ALEXANDER HAMILTON.
HENRY KNOX.
EDMUND RANDOLPH.
CONCERNING THE CONDUCT OF THE FRENCH MINISTER.
At a meeting of the heads of Departments and the Attorney-General at the
President's on the 1st and 2d of August, 1793, on a review of the whole
of M. Genet's correspondence and conduct, it was unanimously agreed that
a letter should be written to the minister of the United States at Paris
stating the same to him, resuming the points of difference which had
arisen between the Government of the United States and M. Genet,
assigning the reasons for the opinions of the former and desiring the
recall of the latter; and that this letter, with those which have passed
between M. Genet and the Secretary of State, and other necessary
documents, shall be laid by Mr. Morris before the Executive of the
French Government.
At a meeting of the same at the President's August 15 the rough draft of
the said letter, having been prepared by the Secretary of State, was
read for consideration, and it was agreed that the Secretary of the
Treasury should take measures for obtaining a vessel, either by hire or
purchase, to be sent to France express with the dispatches when ready.
At a meeting of the same at the President's August 20 the said letter
was read and corrected by paragraphs, and finally agreed to.
At a meeting of the same at the President's August 23 it was agreed that
the preceding letter should bear the date of the last document which is
to accompany it, to wit, August 16; and the draft of a second letter to
our minister at Paris was read and unanimously approved, and to bear
date this day.
Sealed and signed, this 23d day of August, 1793.
THOMAS JEFFERSON.
ALEXANDER HAMILTON.
HENRY KNOX.
EDMUND RANDOLPH.
[From the original, Department of State.]
PHILADELPHIA, _August 4, 1793._
The SECRETARY OF STATE.
SIR: If the heads of Departments and the Attorney-General, who have
prepared the eight rules which you handed to me yesterday, are well
satisfied that they are not repugnant to treaties or to the laws
of nations, and, moreover, are the best we can adopt to maintain
neutrality, I not only give them my approbation, but desire they may
be made known without delay for the information of all concerned.
The same expression will do for the other paper, which has been
subscribed as above and submitted to my consideration, for restoring or
making restitution of prizes under the circumstances therein mentioned.
It is proper you should be informed that the minister of France intends
to leave this city for New York to-morrow, and not amiss, perhaps, to
know that in mentioning the seasonable aid of hands which the _Ambuscade_
received from the French Indiaman the day preceding her meeting the
_Boston_ he added that seamen would no longer be wanting, as he had
_now_ 1,500 at his command. This being the case (although the
allusion was to the subject he was then speaking upon), some of these
men may be employed in the equipment of privateers other than those
_now_ in existence, as the right of fitting out such _in our
ports_ is asserted in unequivocal terms.
Was the propriety of convening the Legislature at an earlier day than
that on which it is to assemble by law considered yesterday?
The late decree of the National Convention of France, dated the 9th of
May, authorizing their ships of war and armed vessels to stop any
neutral vessel loaded in whole or part with provisions and send them
into their ports, adds another motive for the adoption of this measure.
Go. WASHINGTON.
[From Annals of Congress, Seventh Congress, second session, 746-747.]
JOHN ADAMS, PRESIDENT OF THE UNITED STATES OF AMERICA.
INSTRUCTIONS TO THE COMMANDERS OF ARMED VESSELS BELONGING TO THE UNITED
STATES, GIVEN AT PHILADELPHIA THIS 28TH DAY OF MAY, A.D. 1798, AND IN
THE TWENTY-SECOND YEAR OF THE INDEPENDENCE OF THE SAID STATES.
Whereas it is declared by an act of Congress passed the 28th day of
May, 1798, that armed vessels sailing under authority or pretense of
authority from the French Republic have committed depredations on the
commerce of the United States and have recently captured the vessels and
property of citizens thereof on and near the coasts, in violation of the
law of nations and treaties between the United States and the French
nation:
Therefore, and in pursuance of the said act, you are instructed and
directed to seize, take, and bring into any port of the United States,
to be proceeded against according to the laws of nations, any armed
vessel sailing under authority or pretense of authority from the French
Republic which shall have committed, or which shall be found hovering
on the coasts of the United States for the purpose of committing,
depredations on the vessels belonging to citizens thereof, and also to
retake any ship or vessel of any citizen or citizens of the United
States which may have been captured by any such armed vessel.
By command:
JAMES M'HENRY, _Secretary of War_.
[From American State Papers, Foreign Relations, Vol. II, pp. 365-367.]
INSTRUCTIONS FOR THE PRIVATE ARMED VESSELS OF THE UNITED STATES.
First. In exercising the powers granted by the act of Congress entitled
"An act further to protect the commerce of the United States," passed
the 9th day of July, 1798, and which is hereto annexed, the regulations
therein prescribed are to be strictly attended to and observed.
Second. The powers of capturing and recapturing granted by the said act
being pointed solely and exclusively against French armed vessels and
those vessels, goods, and effects of citizens of the United States or of
persons resident therein which shall have been captured by the French,
the rights of all other nations are to be duly respected, and they are
not to be molested in their persons or property; consequently American
vessels and property captured by the commissioned vessels of such of
those other nations as are at war are not to be recaptured by the armed
vessels of the United States. Nevertheless, any vessels found on the
high seas may be examined in such manner as shall be necessary to
ascertain whether they are or are not armed French vessels, or "vessels
the property of or employed by any citizen of the United States or
person resident therein, or having on board any goods or effects
belonging to any such citizen or resident," that have been captured by
the French. But if they are of neither of these descriptions they are
to be dismissed with as little delay as possible. And in making such
examination care is to be taken that no injury be done to the vessel or
to the persons or property on board her. It peculiarly becomes a nation
like the American, contending for her just rights and defending herself
against insults and injuries, to respect the rights of others and
studiously to avoid not only the outrage and the inhumanity but even the
incivility of which itself complains. It is hoped that Americans will be
as distinguished for their justice and humanity as for their bravery and
love of true liberty. If, on the contrary, any of the officers or crews
of American armed vessels shall practice any cruelty or inhumanity
contrary to the usage of civilized nations, the offenders will be
severely punished.
Third. For the purposes of the act aforesaid you will consider the "high
seas" to extend to low-water mark on all the coasts of France and her
dominions and of all places subject to her power in any part of the
world, and exercise accordingly the powers of capturing and recapturing
granted by the act aforesaid. By the same rule, seeing a war exists
between Great Britain and France, you may capture and recapture as
aforesaid on all the coasts of the British dominions and of all places
subject to the British power. But you are to refrain from exercising the
aforesaid powers of capturing and recapturing in waters which are under
the protection of any other nations, that their peace and sovereignty
may remain unviolated. If, however, any armed French vessel, regardless
of the rights of these other nations, shall within their jurisdictional
limits attack or capture any vessel, goods, or effects the property of
citizens of or residents in the United States, and you are able to
attack and take such armed French vessel or to retake her prize within
the jurisdictional limits of such nations, you are to do it, provided
their governments, respectively, or the commanders or governors in chief
in such places give their permission.
Fourth. The master or pilot and one or more of the principal persons of
the company of every armed French vessel captured as aforesaid are to be
sent as soon after the capture as may be to the judge or judges of the
proper court in the United States to be examined upon oath touching the
interest or property of the captured vessel and her lading, and at the
same time are to be delivered to the judge or judges all passes, charter
parties, bills of lading, invoices, letters, and other documents and
writings found on board; the said papers to be proved by the affidavit
of the commander of the capturing vessel or some other person present
at the capture, to be produced as they were received, without fraud,
addition, subduction, or embezzlement.
Fifth. The commanders of American private armed ships are by all
convenient opportunities to send to the Secretary of the Navy written
accounts of the captures they shall make, with the number and names
of the captives and intelligence of what may occur or be discovered
concerning the designs of the French and the destinations, motions,
and operations of their fleets, cruisers, and armies.
Sixth. Where it can be done without injury or great inconvenience, the
armed French vessels captured as aforesaid are to be sent to some port
in the United States to be tried according to law. But such captures may
happen in places remote from the United States or under circumstances
which would render the sending of the captured vessels thither extremely
inconvenient, while, from the vicinity of the ports of the British
dominions or those of any other power in friendship with the United
States, but at war with France, or from other circumstances, it would be
easy to send such captured vessels into those friendly ports. In such
cases it will be lawful to send such prizes into those friendly ports
where they will find an asylum; and if the laws of those countries admit
of it and it can be done to the satisfaction of the captors, there will
be no objection on the part of the American Government to the libeling
and trying such captured armed French vessels by the proper courts of
those, countries, where also may be delivered to the proper officers
all French persons and others who shall be found acting on board of any
French armed vessel which shall be captured or on board of any vessel
of the United States which shall be recaptured as aforesaid.
Seventh. With respect to American vessels, goods, and effects
recaptured, it seems not necessary to bring them immediately into a port
of the United States. If brought in, they are to be restored to the
owners on the payment of salvage. But such recaptured vessels, goods,
and effects may at the time of recapture be so remote from the United
States and so near a market, or the goods and effects may be of a nature
so perishable, that to send such vessels, goods, and effects back to the
United States may prove extremely injurious to the owners and recaptors,
whereas, if permitted to proceed to their destined ports, or other
places, to a market, greater advantages may result to all concerned
therein; and as either the master, mate, or supercargo of any such
recaptured vessel is usually left on board, and with the aid of the
prizemaster and hands of the recaptors, which would be necessary to
bring her home, might proceed and complete their original or other
beneficial voyage, the commanders of the private armed vessels will in
such case consider maturely the course most proper to be pursued, as
well for the benefit of their fellow-citizens whose property they shall
thus recapture as of themselves in respect to the salvage to which they
and their crews and owners will be entitled. Nothing on this subject is
enjoined; the commanders of the private armed vessels are to use their
sound discretion.
Eighth. If any vessel of the United States, public or private, shall be
found in distress by being attacked or taken by the French, the commanders,
officers, and company of the private armed vessels aforesaid are
to use their utmost endeavors to aid, succor, relieve, and free every such
vessel in distress.
AN ACT further to protect the commerce of the United States.
SECTION 1. _Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled_, That the
President of the United States shall be, and he is hereby, authorized
to instruct the commanders of the public armed vessels which are or
which shall be employed in the service of the United States to subdue,
seize, and take any armed French vessel which shall be found within
the jurisdictional limits of the United States or elsewhere on
the high seas; and such captured vessel, with her apparel, guns, and
appurtenances and the goods or effects which shall be found on board
the same, being French property, shall be brought within some port of
the United States and shall be duly proceeded against and condemned as
forfeited, and shall accrue and be distributed as by law is or shall be
provided respecting the captures which shall be made by the public armed
vessels of the United States.
SEC. 2. _And be it further enacted_, That the President of the
United States shall be, and he is hereby, authorized to grant to the
owners of private armed ships and vessels of the United States who shall
make application therefor special commissions in the form which he shall
direct and under the seal of the United States; and such private armed
vessels, when duly commissioned as aforesaid, shall have the same
license and authority for the subduing, seizing, and capturing any armed
French vessel and for the recapture of the vessels, goods, and effects
of the people of the United States as the public armed vessels of the
United States may by law have, and shall be in like manner subject to
such instructions as shall be ordered by the President of the United
States for the regulation of their conduct; and the commissions which
shall be granted as aforesaid shall be revocable at the pleasure of the
President of the United States.
SEC. 3. _Provided, and be it further enacted_, That every person
intending to set forth and employ an armed vessel and applying for a
commission as aforesaid shall produce in writing the name and a suitable
description of the tonnage and force of the vessel and the name and
place of residence of each owner concerned therein, the number of the
crew, and the name of the commander and the two officers next in rank
appointed for such vessel, which writing shall be signed by the person
or persons making such application and filed with the Secretary of
State, or shall be delivered to any other officer or person who shall be
employed to deliver out such commissions, to be by him transmitted to
the Secretary of State.
SEC. 4. _And provided, and be it further enacted_, That before
any commission as aforesaid shall be issued the owner or owners of the
ship or vessel for which the same shall be requested and the commander
thereof for the time being shall give bond to the United States, with
at least two responsible sureties not interested in such vessel, in the
penal sum of $7,000, or, if such vessel be provided with more than 150
men, then in the penal sum of $14,000, with condition that the owners
and officers and crews who shall be employed on board of such
commissioned vessel shall and will observe the treaties and laws of the
United States and the instructions which shall be given them for the
regulation of their conduct, and will satisfy all damages and injuries
which shall be done or committed contrary to the tenor thereof by such
vessel during her commission, and to deliver up the same when revoked
by the President of the United States.
SEC. 5. _And be it further enacted_, That all armed French vessels,
together with their apparel, guns, and appurtenances and any goods or
effects which shall be found on board the same, being French property,
and which shall be captured by any private armed vessel or vessels of
the United States duly commissioned as aforesaid, shall be forfeited
and shall accrue to the owners thereof and the officers and crews by
whom such captures shall be made, and on due condemnation had shall be
distributed according to any agreement which shall be between them, or,
in failure of such agreement, then by the discretion of the court before
whom such condemnation shall be.
SEC. 6. _And be it further enacted_, That all vessels, goods, and
effects the property of any citizen of the United States or person
resident therein which shall be recaptured as aforesaid shall be
restored to the lawful owners upon payment by them, respectively, of a
just and reasonable salvage, to be determined by the mutual agreement of
the parties concerned or by the decree of any court of the United States
having maritime jurisdiction, according to the nature of each case:
_Provided_, That such allowance shall not be less than one-eighth
or exceeding one-half of the full value of such recapture, without any
deduction. And such salvage shall be distributed to and among the
owners, officers, and crews of the private armed vessel or vessels
entitled thereto according to any agreement which shall be between them,
or, in case of no agreement, then by the decree of the court who shall
determine upon such salvage.
SEC. 7. _And be it further enacted_, That before breaking bulk of
any vessel which shall be captured as aforesaid, or other disposal or
conversion thereof, or of any articles which shall be found on board the
same, such capture shall be brought into some port of the United States
and shall be libeled and proceeded against before the district court of
the same district; and if, after a due course of proceeding, such
capture shall be decreed as forfeited in the district court, or in the
circuit court of the same district in the case of any appeal duly
allowed, the same shall be delivered to the owners and captors concerned
therein, or shall be publicly sold by the marshal of the same court, as
shall be finally decreed and ordered by the court; and the same court,
who shall have final jurisdiction of any libel or complaint of any
capture as aforesaid, shall and may decree restitution, in whole or in
part, when the capture and restraint shall have been made without just
cause as aforesaid, and if made without probable cause or otherwise
unreasonably may order and decree damages and costs to the party
injured, and for which the owners, officers, and crews of the private
armed vessel or vessels by which such unjust capture shall have been
made, and also such vessel or vessels, shall be answerable and liable.
SEC. 8. _And be it further enacted_, That all French persons and
others who shall be found acting on board any French armed vessel which
shall be captured, or on board of any vessel of the United States which
shall be recaptured as aforesaid, shall be reported to the collector of
the port in which they shall first arrive, and shall be delivered to the
custody of the marshal or of some civil or military officer of the
United States or of any State in or near such port, who shall take
charge for their safe-keeping and support, at the expense of the United
States.
Enacted into a law July 9, 1798.
By command of the President of the United States of America:
---- ----,
_Secretary of State_.
[From Annals of Congress, Seventh Congress, second session, 747.]
JOHN ADAMS, PRESIDENT OF THE UNITED STATES.
INSTRUCTIONS TO COMMANDERS OF ARMED VESSELS BELONGING TO THE UNITED
STATES, GIVEN AT PHILADELPHIA THE 10TH DAY OF JULY, A.D. 1798, AND IN
THE TWENTY-THIRD YEAR OF OUR INDEPENDENCE.
In pursuance of the acts of Congress passed the 27th day of May, the
20th day of June, and the 9th day of July--
You are hereby authorized, instructed, and directed to subdue, seize,
and take any armed French vessel or vessels sailing under authority or
pretense of authority from the French Republic which shall be found
within the jurisdictional limits of the United States or elsewhere on
the high seas, and such captured vessel, with her apparel, guns, and
appurtenances and the goods and effects which shall be found on board of
the same, to bring within some port of the United States; and also
retake any vessel, goods, and effects of the United States or persons
resident therein which may have been captured by any French vessel, in
order that proceedings may be had concerning such capture or recapture
in due form of law and as to right shall appertain.