Circular Instructions to the Captains and Commanders of Vessels in the Service of the United States Communicated by Secretary of the Navy Benjamin Stoddert

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.