3. Equipments in the ports of the United States of vessels of war in the

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.

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