Instructions for the Private Armed Vessels of the United States Communicated by Secretary of State Timothy Pickering

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 arc 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 crew's 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.