A Compilation of the Messages and Papers of the Presidents by James D. Richardson

J >> James D. Richardson >> A Compilation of the Messages and Papers of the Presidents

Pages:
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12

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.

By command of the President of the United States of America:

BEN. STODDERT.

[From C.F. Adams's Works of John Adams, Vol. IX, p. 160.]

CIRCULAR TO THE COMMANDERS OF ARMED VESSELS IN THE SERVICE OF THE UNITED
STATES, GIVEN AT THE NAVY DEPARTMENT DECEMBER 29, 1798.

SIR: It is the positive command of the President that on no pretense
whatever you permit the public vessel of war under your command to be
detained or searched nor any of the officers or men belonging to her to
be taken from her by the ships or vessels of any foreign nation so long
as you are in a capacity to repel such outrage on the honor of the
American flag. If force should be exerted to compel your submission,
you are to resist that force to the utmost of your power, and when
overpowered by superior force you are to strike your flag and thus yield
your vessel as well as your men, but never your men without your vessel.

You will remember, however, that your demeanor be respectful and
friendly to the vessels and people of all nations in amity with the
United States, and that you avoid as carefully the commission of as the
submission to insult or injury.

I have the honor to be, etc.,

BEN STODDERT.

[From Annals of Congress, Seventh Congress, second session, 747-748.]

CIRCULAR INSTRUCTIONS TO THE CAPTAINS AND COMMANDERS OF VESSELS IN THE
SERVICE OF THE UNITED STATES.

NAVY DEPARTMENT, _March 12, 1799._

SIR: Herewith you will receive an act of Congress "further to suspend
the commercial intercourse between the United States and France and the
dependencies thereof," the whole of which requires your attention; but
it is the command of the President that you consider particularly the
fifth section as part of your instructions and govern yourself
accordingly.

A proper discharge of the important duties arising out of this act will
require the exercise of a sound and an impartial judgment. You are not
only to do all that in you lies to prevent all intercourse, whether
direct or circuitous, between the ports of the United States and those
of France or her dependencies in cases where the vessels or cargoes are
apparently, as well as really, American and protected by American papers
only, but you are to be vigilant that vessels or cargoes really
American, but covered by Danish or other foreign papers and bound to or
from French ports, do not escape you. Whenever, on just suspicion, you
send a vessel into port to be dealt with according to the aforementioned
law, besides sending with her all her papers send all the evidence you
can obtain to support your suspicions and effect her condemnation. At
the same time that you are thus attentive to fulfill the objects of the
law you are to be extremely careful not to harass or injure the trade of
foreign nations with whom we are at peace nor the fair trade of our own
citizens.

A misconstruction of his authority by Captain Nicholson in relation to
vessels of friendly nations captured by the French renders it necessary
that I should make some explanatory observations on that subject. Our
laws direct the capture of all armed vessels sailing under authority or
pretense of authority from the French Republic. A vessel captured by the
citizens of France must be considered as sailing under the authority
of France, and it is scarcely to be supposed that in times like the
present, when few vessels sail without arms, a captured vessel in
possession of the captors will be so circumstanced as not to come under
the description of an armed vessel within the meaning of our laws. To
justify a recapture nothing is necessary but that the vessel be provided
with such means of annoyance as will render her dangerous to an unarmed
American vessel in pursuit of lawful commerce. If, however, the vessel
can not be considered an armed vessel within the meaning of our laws,
you are not to recapture her unless you should have probable cause to
suspect that the citizens of the United States or persons resident
therein have some interest in the vessel or cargo.

It is always your duty to recapture American property and property of
persons resident within the United States whenever found in possession
of the French on the high seas.

I have the honor to be, sir, your most obedient servant,

BEN. STODDERT.

[From Claypoole's American Daily Advertiser, Philadelphia, December 20,
1799.]

The President with deep regret announces to the Army the death of its
beloved chief, General George Washington. Sharing in the grief which
every heart must feel for so heavy and afflicting a public loss, and
desirous to express his high sense of the vast debt of gratitude which
is due to the virtues, talents, and ever-memorable services of the
illustrious deceased, he directs that funeral honors be paid to him at
all the military stations, and that the officers of the Army and of
the several corps of volunteers wear crape on the left arm by way of
mourning for six months. Major-General Hamilton will give the necessary
orders for carrying into effect the foregoing directions.

Given at the War Office of the United States, in Philadelphia, this 19th
day of December, A.D. 1799, and in the twenty-fourth year of the
Independence of the said States.

By command of the President:

JAMES M'HENRY,
_Secretary of War_.

[From Claypoole's American Daily Advertiser, Philadelphia, December 21,
1799.]

NAVY DEPARTMENT, _December 20, 1799_.

The President with deep affliction announces to the Navy and to the
marines the death of our beloved fellow-citizen, George Washington,
commander of our armies and late President of the United States, but
rendered more illustrious by his eminent virtues and a long series of
the most important services than by the honors which his grateful
country delighted to confer upon him.

Desirous that the Navy and marines should express, in common with every
other description of American citizens, the high sense which all feel of
the loss our country has sustained in the death of this good and great
man, the President directs that the vessels of the Navy in our own and
foreign ports be put in mourning for one week by wearing their colors
half-mast high, and that the officers of the Navy and of the marines
wear crape on the left arm below the elbow for six months.

BEN. STODDERT.

[From Claypoole's American Daily Advertiser, Philadelphia, December 24,
1799.]

Impressed with unspeakable grief and under the influence of an
affectionate sympathy which must pervade the hearts of his beloved
fellow citizen soldiers, the Blues, Brigadier-General MacPherson
announces the following communication:

PHILADELPHIA, _December 21, 1799_.

Major-General Hamilton has received through the Secretary of War
the following order from the President of the United States:

[For order see preceding page.]

The impressive terms in which this great national calamity is announced
by the President could receive no new force from anything that might be
added. The voice of praise would in vain endeavor to exalt a character
unrivaled on the lists of true glory. Words would in vain attempt to
give utterance to that profound and reverential grief which will
penetrate every American bosom and engage the sympathy of an admiring
world. If the sad privilege of preeminence in sorrow may justly be
claimed by the companions in arms of our lamented Chief, their
affections will spontaneously perform the dear though painful duty.
'Tis only for me to mingle my tears with those of my fellow-soldiers,
cherishing with them the precious recollection that while others are
paying a merited tribute to "The Man of the Age" we in particular,
allied as we were to him by a closer tie, are called to mourn the
irreparable loss of a kind and venerated patron and father!

In obedience to the directions of the President, the following funeral
honors will be paid at the several stations of the Army:

At daybreak sixteen guns will be fired in quick succession and one gun
at a distance of each half hour till sunset.

During the procession of the troops to the place representing that of
the interment and until the conclusion of the ceremonial minute guns
will be fired.

The bier will be received by the troops formed in line presenting their
arms and the officers, drums, and colors saluting. After this the
procession will begin, the troops marching by platoons in inverted order
and with arms reversed to the place of interment, the drums muffled and
the music playing a dead march.

The bier, carried by four sergeants and attended by six pallbearers,
where there is cavalry will be preceded by the cavalry and will be
followed by the troops on foot. Where there is no cavalry, a detachment
of infantry will precede the bier, which itself will in every case be
preceded by such of the clergy as may be present. The officers of the
general staff will immediately succeed the bier.

Where a numerous body of citizens shall be united with the military in
the procession, the whole of the troops will precede the bier, which
will then be followed by the citizens.

Pages:
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12