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.