Chapter IV: Part 4

_To the House of Representatives_:

I herewith transmit the annual report of the inspectors of the penitentiary for this District, together with accompanying documents.

JOHN TYLER.

WASHINGTON, _January 28, 1846_.

_To the House of Representatives of the United States_:

I herewith transmit the annual report of the inspectors of the penitentiary for the District of Columbia, made in compliance with the act of the 3d March, 1829.

JAMES K. POLK.

WASHINGTON, D.C., _February 10, 1846_.

_To the Senate and House of Representatives of the United States_:

I transmit herewith the report of the Director of the Mint at Philadelphia, showing the operation of the Mint and branch mints for the year 1845.

JAMES K. POLK.

WASHINGTON, _January 16, 1847_.

_To the House of Representatives of the United States_:

In compliance with the resolutions of the 3d of March, 1829, I transmit herewith the annual report of the inspectors of the penitentiary for the District of Columbia.

JAMES K. POLK.

WASHINGTON, _February 4, 1847_.

_To the House of Representatives of the United States_:

I transmit to the House of Representatives a report from the Director of the Mint, showing the operations of that institution for the year 1846.

JAMES K. POLK.

WASHINGTON, _January 18, 1848_.

_To the House of Representatives of the United States_:

I herewith transmit the annual report of the inspectors of the penitentiary for the District of Columbia, made in compliance with the act of the 3d March, 1829.

JAMES K. POLK.

WASHINGTON, _January 31, 1848_.

_To the Senate and House of Representatives of the United States_:

I transmit herewith the annual report of the Director of the Mint at Philadelphia, showing the operation of the Mint and branch mints for the year 1847.

JAMES K. POLK.

WASHINGTON, _January 11, 1849_.

_To the House of Representatives_:

I herewith transmit the annual report of the inspectors of the penitentiary for the District of Columbia, made in compliance with the act of the 3d March, 1829.

JAMES K. POLK.

WASHINGTON, _January 22, 1849_.

_To the House of Representatives of the United States_:

I transmit herewith the annual report of the Director of the Mint at Philadelphia, showing the operations of the Mint and branch mints for the year 1848.

JAMES K. POLK.

WASHINGTON, _January 28, 1850_.

_To the Senate and House of Representatives of the United States_:

I transmit herewith the annual report of the Director of the Mint at Philadelphia, showing the operations of the Mint and its branches for the year 1849.

Z. TAYLOR.

EXECUTIVE OFFICE, _February 5, 1850_.

_To the House of Representatives of the United States_:

I herewith transmit the annual report of the inspectors of the penitentiary for the District of Columbia, made in compliance with the act of the 3d March, 1829.

Z. TAYLOR.

WASHINGTON, _January 30, 1851_.

_To the Senate and House of Representatives of the United States_:

I transmit herewith the annual report of the Director of the Mint at Philadelphia, showing the operation of the Mint and branch mints for the year 1850.

MILLARD FILLMORE.

WASHINGTON, _February 15, 1851_.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES:

I have the honor herewith to transmit to the House of Representatives the report of the inspectors of the penitentiary of the United States in this District for the year ending December 31, 1850.

MILLARD FILLMORE.

WASHINGTON, D.C., _February 10, 1852_.

_To the Senate and House of Representatives of the United States_:

I transmit herewith the annual report of the Director of the Mint at Philadelphia, showing the operations of the Mint and its branches for the year 1851.

MILLARD FILLMORE.

WASHINGTON, _April 2, 1852_.

_To the House of Representatives_:

I transmit herewith the report of the inspector of the penitentiary of the United States in the District of Columbia for the year ending the 31st of December last.

MILLARD FILLMORE.

WASHINGTON, _February 8, 1853_.

_To the Senate and House of Representatives_:

I herewith communicate, for the information of Congress, a copy of the report of the Director of the Mint for the past year.

MILLARD FILLMORE.

WASHINGTON CITY, _February 10, 1853_.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES:

I transmit to the House of Representatives herewith a communication from the Secretary of the Interior, accompanied by the annual report of the board of inspectors of the penitentiary of the District of Columbia for the year ending 31st December, 1852, as required by law.

MILLARD FILLMORE.

WASHINGTON, _February 1, 1854_.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES:

I transmit herewith the annual report of the Director of the Mint at Philadelphia, showing the operation of the Mint and branch mints for the year 1853.

FRANKLIN PIERCE.

WASHINGTON, _March 3, 1854_.

_To the Senate and House of Representatives of the United States_:

I transmit herewith the annual report of the board of inspectors of the penitentiary for the District of Columbia for the year ending December 31, 1853.

FRANKLIN PIERCE.

WASHINGTON, _February 8, 1855_.

_To the House of Representatives_:

I transmit herewith the report of the Director of the Mint, showing the operations of the Mint and its branches for the past year.

FRANKLIN PIERCE.

WASHINGTON, _March 27, 1856_.

_To the Senate and House of Representatives of the United States_:

I transmit herewith a report of the operations of the Mint of the United States and its branches, including the assay office, for the year 1855.

FRANKLIN PIERCE.

WASHINGTON, _February 3, 1857_.

_To the Senate and House of Representatives of the United States_:

I transmit herewith the report of the Director of the Mint, showing the operations of the Mint and its branches for the last year.

FRANKLIN PIERCE.

PROCLAMATIONS.

[From Laws of the United States of America (John Bioren and W. John Duane, Philadelphia, and R.C. Weightman, Washington City, 1815), Vol. V, p. 511.]

BY GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.

Whereas by an act supplementary to the act entitled "An act establishing a mint and regulating the coins of the United States," passed on the 3d day of March, 1795, "the President of the United States is authorized, whenever he shall think it for the benefit of the United States, to reduce the weight of the copper coin of the United States, provided such reduction shall not in the whole exceed 2 pennyweights in each cent and in like proportion in a half cent; of which he shall give notice by proclamation;" and

Whereas, on account of the increased price of copper and expense of coinage, I have thought it would be for the benefit of the United States to reduce the weight of the copper coin of the United States 1 pennyweight and 16 grains in each cent and in like proportion in each half cent, and the same has since the 27th day of December last been reduced accordingly:

I hereby give notice thereof and that all cents and half cents coined and to be coined at the Mint of the United States from and after the said 27th day of December are to weigh, the cents each 7 pennyweights and the half cents each 3 pennyweights and 12 grains.

In testimony whereof I, the said George Washington, President of the United States, have caused the seal of the United States to be hereto affixed and signed the same with my hand.

[SEAL.]

Done at the city of Philadelphia on the 26th day of January, A.D. 1796, and of the Independence of the United States the twentieth.

Go. WASHINGTON.

By the President:
TIMOTHY PICKERING,
_Secretary of State_.

[From Claypoole's American Daily Advertiser, Philadelphia, December 28, 1799.]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas the Congress of the United States, "in honor of the memory of General George Washington," have this day "_Resolved_, That it be recommended to the people of the United States to wear crape on the left arm as mourning for thirty days," and "that the President of the United States be requested to issue a proclamation notifying to the people throughout the United States the said recommendation:"

Now, therefore, I, John Adams, President of the United States, do hereby proclaim the same accordingly.

[SEAL.]

Given under my hand and the seal of the United States, at Philadelphia, the 24th day of December, A.D. 1799, and of the Independence of the United States the twenty-fourth.

JOHN ADAMS.

By the President:
TIMOTHY PICKERING,
_Secretary of State_.

[From the Daily National Intelligencer, December 15, 1860.]

TO THE PEOPLE OF THE UNITED STATES.

A RECOMMENDATION.

WASHINGTON, _December 14, 1860_.

Numerous appeals have been made to me by pious and patriotic associations and citizens, in view of the present distracted and dangerous condition of our country, to recommend that a day be set apart for humiliation, fasting, and prayer throughout the Union.

In compliance with their request and my own sense of duty, I designate Friday, the 4th day of January, 1861, for this purpose, and recommend that the people assemble on that day, according to their several forms of worship, to keep it as a solemn fast.

The Union of the States is at the present moment threatened with alarming and immediate danger; panic and distress of a fearful character prevail throughout the land; our laboring population are without employment, and consequently deprived of the means of earning their bread. Indeed, hope seems to have deserted the minds of men. All classes are in a state of confusion and dismay, and the wisest counsels of our best and purest men are wholly disregarded.

In this the hour of our calamity and peril to whom shall we resort for relief but to the God of our fathers? His omnipotent arm only can save us from the awful effects of our own crimes and follies--our own ingratitude and guilt toward our Heavenly Father.

Let us, then, with deep contrition and penitent sorrow unite in humbling ourselves before the Most High, in confessing our individual and national sins, and in acknowledging the justice of our punishment. Let us implore Him to remove from our hearts that false pride of opinion which would impel us to persevere in wrong for the sake of consistency rather than yield a just submission to the unforeseen exigencies by which we are now surrounded. Let us with deep reverence beseech Him to restore the friendship and good will which prevailed in former days among the people of the several States, and, above all, to save us from the horrors of civil war and "blood guiltiness." Let our fervent prayers ascend to His throne that He would not desert us in this hour of extreme peril, but remember us as He did our fathers in the darkest days of the Revolution, and preserve our Constitution and our Union, the work of their hands, for ages yet to come.

An omnipotent Providence may overrule existing evils for permanent good. He can make the wrath of man to praise Him, and the remainder of wrath He can restrain. Let me invoke every individual, in whatever sphere of life he may be placed, to feel a personal responsibility to God and his country for keeping this day holy and for contributing all in his power to remove our actual and impending calamities.

JAMES BUCHANAN.

EXECUTIVE ORDERS.

[From Sparks's Washington, Vol. X, pp. 11-12.]

NEW YORK, _June 8, 1789_.

SIR:[177] Although in the present unsettled state of the Executive Departments under the Government of the Union I do not conceive it expedient to call upon you for information officially, yet I have supposed that some informal communications from the Office of Foreign Affairs might neither be improper nor unprofitable. Finding myself at this moment less occupied with the duties of my office than I shall probably be at almost any time hereafter, I am desirous of employing myself in obtaining an acquaintance with the real situation of the several great Departments at the period of my acceding to the administration of the General Government. For this purpose I wish to receive in writing such a clear account of the Department at the head of which you have been for some years past as may be sufficient (without overburthening or confusing the mind, which has very many objects to claim its attention at the same instant) to impress me with a full, precise, and distinct general idea of the affairs of the United States so far as they are comprehended in or connected with that Department.

As I am now at leisure to inspect such papers and documents as may be necessary to be acted upon hereafter or as may be calculated to give me an insight into the business and duties of that Department, I have thought fit to address this notification to you accordingly.

I am, etc.,

GO. WASHINGTON.

[Footnote 177: Addressed to the Secretary of Foreign Affairs, the Secretary of War, the Board of the Treasury, and the Postmaster-General.]

[From American State Papers, Indian Affairs, Vol. I, pp. 96-97.]

INSTRUCTIONS FROM THE PRESIDENT OF THE UNITED STATES TO THE GOVERNOR OF THE WESTERN TERRITORY--6TH OCTOBER, 1789.

ARTHUR ST. CLAIR, Esq.,

_Governor of the Territory of the United States Northwest of the Ohio and Superintendent of Indian Affairs for the Northern District_.

SIR: Congress having by their act of the 29th of September last empowered me to call forth the militia of the States, respectively, for the protection of the frontiers from the incursions of the hostile Indians, I have thought proper to make this communication to you, together with the instructions herein contained.

It is highly necessary that I should as soon as possible possess full information whether the Wabash and Illinois Indians are most inclined for war or peace. If for the former, it is proper that I should be informed of the means which will most probably induce them to peace. If a peace can be established with the said Indians on reasonable terms, the interests of the United States dictate that it should be effected as soon as possible.

You will therefore inform the said Indians of the dispositions of the General Government on this subject and of their reasonable desire that there should be a cessation of hostilities as a prelude to a treaty. If, however, notwithstanding your intimations to them, they should continue their hostilities or meditate any incursions against the frontiers of Virginia and Pennsylvania or against any of the troops or posts of the United States, and it should appear to you that the time of execution would be so near as to forbid your transmitting the information to me and receiving my further orders thereon, then you are hereby authorized and empowered in my name to call on the lieutenants of the nearest counties of Virginia and Pennsylvania for such detachments of militia as you may judge proper, not exceeding, however, 1,000 from Virginia and 500 from Pennsylvania.

I have directed letters to be written to the executives of Virginia and Pennsylvania informing them of the before-recited act of Congress and that I have given you these conditional directions, so that there may not be any obstructions to such measures as shall be necessary to be taken by you for calling forth the militia agreeably to the instructions herein contained.

The said militia to act in conjunction with the Federal troops in such operations, offensive or defensive, as you and the commanding officer of the troops conjointly shall judge necessary for the public service and the protection of the inhabitants and the posts.

The said militia while in actual service to be on the continental establishment of pay and rations. They are to arm and equip themselves, but to be furnished with public ammunition if necessary; and no charge for the pay of said militia will be valid unless supported by regular musters, made by a field or other officer of the Federal troops, to be appointed by the commanding officer of the troops.

I would have it observed forcibly that a war with the Wabash Indians ought to be avoided by all means consistently with the security of the frontier inhabitants, the security of the troops, and the national dignity. In the exercise of the present indiscriminate hostilities it is extremely difficult, if not impossible, to say that a war without further measures would be just on the part of the United States.

But if, after manifesting clearly to the Indians the dispositions of the General Government for the preservation of peace and the extension of a just protection to the said Indians, they should continue their incursions, the United States will be constrained to punish them with severity.

You will also proceed, as soon as you can with safety, to execute the orders of the late Congress respecting the inhabitants at St. Vincennes and at the Kaskaskias and the other villages on the Mississippi. It is a circumstance of some importance that the said inhabitants should as soon as possible possess the lands to which they are entitled by some known and fixed principles.

I have directed a number of copies of the treaty made by you at Fort Harmar with the Wyandots, etc., on the 9th of January last to be printed and forwarded to you, together with the ratification and my proclamation enjoining the observance thereof.

As it may be of high importance to obtain a precise and accurate knowledge of the several waters which empty into the Ohio on the northwest and of those which discharge themselves in the Lakes Erie and Michigan, the length of the portages between, and nature of the ground, an early and pointed attention thereto is earnestly recommended.

Given under my hand, in the city of New York, this 6th day of October, A.D. 1789, and in the thirteenth year of the Sovereignty and Independence of the United States.

Go. WASHINGTON.

[From The Freeman's Journal; or, The North American Intelligencer, Philadelphia, October 21, 1789.]

CONGRESS OF THE UNITED STATES.

AN ACT providing for the payment of the invalid pensioners of the United
States.

_Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled_, That the military
pensions which have been granted and paid by the States, respectively,
in pursuance of the acts of the United States in Congress assembled, to
the invalids who were wounded and disabled during the late war shall be
continued and paid by the United States from the 4th day of March last
for the space of one year under such regulations as the President of the
United States may direct.

FREDERICK AUGUSTUS MUHLENBERG,
_Speaker of the House of Representatives._

JOHN ADAMS,
_Vice-President of the United States and President of the Senate._

Approved, September 29, 1789.

Go. WASHINGTON,
_President of the United States._

WAR OFFICE, _October 13, 1789._

In pursuance of the above-recited law, information is hereby given to all the invalid pensioners of the United States that the amount of one year's pension from the 4th day of March last will be paid to them or their attorneys, respectively, in two equal payments, the first of which will be made on the 5th day of March, 1790, and the second on the 5th day of June following, at such places in each State and by such persons as shall hereafter in due season be publicly made known.

The payments will be made according to the following regulations, to wit:

The returns which have been or shall be made to the Secretary for the Department of War by the several States of the pensions which have been granted and paid by them, respectively, will, together with the vouchers herein required, be considered as the evidence whereon the payments are to be made.

Every application for payment must be accompanied by the following vouchers:

First. The certificate given by the State, specifying that the person possessing it is in fact an invalid and ascertaining the sum to which as such he is annually entitled.

Secondly. An affidavit agreeably to the following form, to wit:

A.B. came before me, one of the justices for the county of ----, in
the State of ----, and made oath that he is the same A.B. to whom the
original certificate in his possession was given, of which the following
is a copy: [The certificate given by the State to be recited.]

That he served in ---- [regiment or vessel] at the time he was disabled,
and that he now resides in the ---- and county of ----, and has resided
there for the last ---- years, previous to which he resided in ----.

In case an invalid should apply for payment by an attorney the said attorney must, besides the certificate and oath before recited, produce a special letter of attorney agreeably to the following form:

I, A.B., of ----, county of ----, State of ----, do hereby constitute
and appoint C.D., of ----, my lawful attorney to receive in my behalf
---- [the first or second moiety] of my annual pension as an invalid of
the United States from the 4th day of March, 1789.

In testimony whereof I have hereunto set my hand and seal this ----.

Signed and sealed in the presence of ---- ----.

Acknowledged before me ---- ----.

Applications of executors or administrators must be accompanied with legal evidence of their respective offices and also the time the invalid died whose pension they may claim.

By command of the President of the United States of America:

H. KNOX,
_Secretary for the Department of War._

[From Annals of Congress, Second Congress, 1247-1248.]

_George Washington, President of the United States of America, to the Secretary of the Treasury for the time being_:

By virtue of the several acts, the one entitled "An act making provision for the debt of the United States" and the other entitled "An act making provision for the reduction of the public debt," I do hereby authorize and empower you, by yourself or any other person or persons, to borrow on behalf of the United States, within the said States or elsewhere, a sum or sums not exceeding in the whole $14,000,000, and to make or cause to be made for that purpose such contract or contracts as shall be necessary and for the interest of the said States, subject to the restrictions and limitations in the said several acts contained; and for so doing this shall be your sufficient warrant.

In testimony whereof I have caused the seal of the United States to be hereunto affixed.

[SEAL.]

Given under my hand, at the city of New York, this 28th day of August, A.D. 1790.

Go. WASHINGTON.

By the President:
TH: JEFFERSON.

[From Annals of Congress, Second Congress, 1249-1250.]

_George Washington, President of the United States of America, to the Secretary of the Treasury for the time being_:

Having thought fit to commit to you the charge of borrowing on behalf of the United States a sum or sums not exceeding in the whole $14,000,000, pursuant to the several acts, the one entitled "An act making provision for the debt of the United States," the other entitled "An act making provision for the reduction of the public debt"--

I do hereby make known to you that in the execution of the said trust you are to observe and follow the orders and directions following, viz: Except where otherwise especially directed by me you shall employ in the negotiation of any loan or loans which may be made in any foreign country William Short, esq. You shall borrow or cause to be borrowed, on the best terms which shall be found practicable (and within the limitations prescribed by law as to time of repayment and rate of interest), such sum or sums as shall be sufficient to discharge as well all installments or parts of the principal of the foreign debt which now are due or shall become payable to the end of the year 1791 as all interest and arrears of interest which now are or shall become due in respect to the said debt to the same end of the year 1791; and you shall apply or cause to be applied the moneys which shall be so borrowed with all convenient dispatch to the payment of the said installments and parts of the principal and interest and arrears of the interest of the said debt. You shall not extend the amount of the loan which you shall make or cause to be made beyond the sum which shall be necessary for completing such payment unless it can be done upon terms more advantageous to the United States than those upon which the residue of the said debt shall stand or be; but if the said residue or any part of the same can be paid off by new loans upon terms of advantage to the United States you shall cause such further loans as may be requisite to that end to be made and the proceeds thereof to be applied accordingly. And for carrying into effect the objects and purposes aforesaid I do hereby further empower you to make or cause to be made with whomsoever it may concern such contract or contracts, being of a nature relative thereto, as shall be found needful and conducive to the interest of the United States.

If any negotiation with any prince or state to whom any part of the said debt may be due should be requisite, the same shall be carried on through the person who in capacity of minister, chargé d'affaires, or otherwise now is or hereafter shall be charged with transacting the affairs of the United States with such prince or state, for which purpose I shall direct the Secretary of State, with whom you are in this behalf to consult and concert, to cooperate with you.

Given under my hand, at the city of New York, this 28th day of August, A.D. 1790.

Go. WASHINGTON.

[From Annals of Congress, Second Congress, 1046.]

UNITED STATES, _January 16, 1792._

The SECRETARY FOR THE DEPARTMENT OF WAR.

SIR: As the circumstances which have engaged the United States in the present Indian war[178] may some of them be out of the public recollection and others perhaps be unknown, it may appear advisable that you prepare and publish from authentic documents a statement of those circumstances, as well as of the measures which have been taken from time to time for the reestablishment of peace and friendship.

When the community are called upon for considerable exertions to relieve a part which is suffering under the hand of an enemy, it is desirable to manifest that due pains have been taken by those intrusted with the administration of their affairs to avoid the evil.

Go. WASHINGTON.

[Footnote 178: With certain tribes of Indians northwest of the Ohio.]

[From Annals of Congress, Sixth Congress, 1335.]

SEPTEMBER 29, 1792.

The President of the United States doth hereby order and direct that any lot or lots in the city of Washington may, after the public sale to commence on the 8th day of October, be sold and agreed for by the commissioners, or any two of them, at private sale for such price and on such terms as they may think proper.

Go. WASHINGTON.

[From Sparks's Washington, Vol. X, pp. 546-548.]

RULES ADOPTED BY THE CABINET AS TO THE EQUIPMENT OF VESSELS IN THE PORTS OF THE UNITED STATES BY BELLIGERENT POWERS, AND PROCEEDINGS ON THE CONDUCT OF THE FRENCH MINISTER.

AUGUST 3, 1793.

1. The original arming and equipping of vessels in the ports of the United States by any of the belligerent parties for military service, offensive or defensive, is deemed unlawful.

2. Equipments of merchant vessels by either of the belligerent parties in the ports of the United States purely for the accommodation of them as such is deemed lawful.

3. Equipments in the ports of the United States of vessels of war in the immediate service of the Government of any of the belligerent parties which if done to other vessels would be of a doubtful nature, as being applicable either to commerce or war, are deemed lawful, except those which shall have made prize of the subjects, people, or property of France coming with their prizes into the ports of the United States pursuant to the seventeenth article of our treaty of amity and commerce with France.

4. Equipments in the ports of the United States by any of the parties at war with France of vessels fitted for merchandise and war, whether with or without commissions, which are doubtful in their nature, as being applicable either to commerce or war, are deemed lawful, except those which shall be made prize, etc.

5. Equipments of any of the vessels of France in the ports of the United States which are doubtful in their nature, as being applicable to commerce or war, are deemed lawful.

6. Equipments of every kind in the ports of the United States of privateers of the powers at war with France are deemed lawful.

7. Equipments of vessels in the ports of the United States which are of a nature solely adapted to war are deemed unlawful, except those stranded or wrecked, as mentioned in the eighteenth article of our treaty with France, the sixteenth of our treaty with the United Netherlands, the ninth of our treaty with Prussia, and except those mentioned in the nineteenth article of our treaty with France, the seventeenth of our treaty with the United Netherlands, the eighteenth of our treaty with Prussia.

8. Vessels of either of the parties not armed, or armed previous to their coming into the ports of the United States, which shall not have infringed any of the foregoing rules, may lawfully engage or enlist their own subjects or citizens, not being inhabitants of the United States, except privateers of the powers at war with France and except those vessels which shall have made prize, etc.

The foregoing rules having been considered by us at several meetings and being now unanimously approved, they are submitted to the President of the United States.

THOMAS JEFFERSON.
ALEXANDER HAMILTON.
HENRY KNOX.
EDMUND RANDOLPH.

RESTITUTION OF PRIZES

AUGUST 5, 1793.

That the minister of the French Republic be informed that the President considers the United States as bound, pursuant to positive assurances given in conformity to the laws of neutrality, to effectuate the restoration of or to make compensation for prizes which shall have been made of any of the parties at war with France subsequent to the 5th day of June last by privateers fitted out of their ports.

That it is consequently expected that he will cause restitution to be made of all prizes taken and brought into our ports subsequent to the above-mentioned day by such privateers, in defect of which the President considers it as incumbent upon the United States to indemnify the owners of those prizes, the indemnification to be reimbursed by the French nation.

That besides taking efficacious measures to prevent the future fitting out of privateers in the ports of the United States they will not give asylum therein to any which shall have been at any time so fitted out, and will cause restitution of all such prizes as shall be hereafter brought within their ports by any of the said privateers.

That instructions be sent to the respective governors in conformity to the above communication.

The foregoing having been duly considered, and being now unanimously approved, they are submitted to the President of the United States.

THOMAS JEFFERSON.
ALEXANDER HAMILTON.
HENRY KNOX.
EDMUND RANDOLPH.

CONCERNING THE CONDUCT OF THE FRENCH MINISTER.

At a meeting of the heads of Departments and the Attorney-General at the President's on the 1st and 2d of August, 1793, on a review of the whole of M. Genet's correspondence and conduct, it was unanimously agreed that a letter should be written to the minister of the United States at Paris stating the same to him, resuming the points of difference which had arisen between the Government of the United States and M. Genet, assigning the reasons for the opinions of the former and desiring the recall of the latter; and that this letter, with those which have passed between M. Genet and the Secretary of State, and other necessary documents, shall be laid by Mr. Morris before the Executive of the French Government.

At a meeting of the same at the President's August 15 the rough draft of the said letter, having been prepared by the Secretary of State, was read for consideration, and it was agreed that the Secretary of the Treasury should take measures for obtaining a vessel, either by hire or purchase, to be sent to France express with the dispatches when ready.

At a meeting of the same at the President's August 20 the said letter was read and corrected by paragraphs, and finally agreed to.

At a meeting of the same at the President's August 23 it was agreed that the preceding letter should bear the date of the last document which is to accompany it, to wit, August 16; and the draft of a second letter to our minister at Paris was read and unanimously approved, and to bear date this day.

Sealed and signed, this 23d day of August, 1793.

THOMAS JEFFERSON.
ALEXANDER HAMILTON.
HENRY KNOX.
EDMUND RANDOLPH.

[From the original, Department of State.]

PHILADELPHIA, _August 4, 1793._

The SECRETARY OF STATE.

SIR: If the heads of Departments and the Attorney-General, who have prepared the eight rules which you handed to me yesterday, are well satisfied that they are not repugnant to treaties or to the laws of nations, and, moreover, are the best we can adopt to maintain neutrality, I not only give them my approbation, but desire they may be made known without delay for the information of all concerned.

The same expression will do for the other paper, which has been subscribed as above and submitted to my consideration, for restoring or making restitution of prizes under the circumstances therein mentioned.

It is proper you should be informed that the minister of France intends to leave this city for New York to-morrow, and not amiss, perhaps, to know that in mentioning the seasonable aid of hands which the _Ambuscade_ received from the French Indiaman the day preceding her meeting the _Boston_ he added that seamen would no longer be wanting, as he had _now_ 1,500 at his command. This being the case (although the allusion was to the subject he was then speaking upon), some of these men may be employed in the equipment of privateers other than those _now_ in existence, as the right of fitting out such _in our ports_ is asserted in unequivocal terms.

Was the propriety of convening the Legislature at an earlier day than that on which it is to assemble by law considered yesterday?

The late decree of the National Convention of France, dated the 9th of May, authorizing their ships of war and armed vessels to stop any neutral vessel loaded in whole or part with provisions and send them into their ports, adds another motive for the adoption of this measure.

Go. WASHINGTON.

[From Annals of Congress, Seventh Congress, second session, 746-747.]

JOHN ADAMS, PRESIDENT OF THE UNITED STATES OF AMERICA.

INSTRUCTIONS TO THE COMMANDERS OF ARMED VESSELS BELONGING TO THE UNITED STATES, GIVEN AT PHILADELPHIA THIS 28TH DAY OF MAY, A.D. 1798, AND IN THE TWENTY-SECOND YEAR OF THE INDEPENDENCE OF THE SAID STATES.

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.

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.

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--

You are hereby authorized, instructed, and directed to subdue, seize, and take any armed French vessel or vessels sailing under authority or pretense of authority from the French Republic 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 and effects which shall be found on board of the same, to bring within some port of the United States; and also retake any vessel, goods, and effects of the United States or persons resident therein which may have been captured by any French vessel, in order that proceedings may be had concerning such capture or recapture in due form of law and as to right shall appertain.

By command of the President of the United States of America:

BEN. STODDERT.

[From C.F. Adams's Works of John Adams, Vol. IX, p. 160.]

CIRCULAR TO THE COMMANDERS OF ARMED VESSELS IN THE SERVICE OF THE UNITED STATES, GIVEN AT THE NAVY DEPARTMENT DECEMBER 29, 1798.