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.