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—