of marque and reprisals as aforesaid, shall act contrary to these instructions, or any such further instructions of which he shall have due notice, he shall forfeit his commission to all intents and purposes, and shall, together with his bail, be proceeded agains according to law, and be condemned in costs and damages.

XII. That all commanders of ships and vessels having letters of marque and reprisals shall, by every opportunity, send exact copies of their journals to the Secretary of the Admiralty, and proceed to the condemnation of their prizes as soon as may be and without delay.

XIII. That the commanders of ships and vessels having letters of marque and reprisals shall, upon due notice being given to them, observe all such other instructions and orders as we shall think fit to direct from time to time for the better carrying on this service.

XIV. That all persons who shall violate these or any other of our instructions shall be severely punished, and also required to make full reparation to persons injured contrary to our instructions for all damages they shall sustain by any capture, embezzlement, demurrage, or otherwise.

XV. That before any letter of marque or reprisal for the purposes aforesaid shall issue under seal, bail shall be given with sureties before the Lieutenant and Judge of our High Court of Admiralty of England or his surrogate, in the sum of three thousand pounds sterling if the ship carries above one hundred and fifty men; and if a less number, in the sum of fifteen hundred pounds sterling; which bail shall be to the effect and in the form following:

Which day, time, and place personally appeared

and

who submitting themselves to the jurisdiction of the High Court of Admiralty of England, obliged themselves, their heirs, executors, and administrators unto our sovereign lord the king, in the sum of pounds of lawful money of Great Britain to this effect, that is to say, That whereas

is duly

authorized

by letters of marque and reprisals, with the ship called the of the burden of about

tons, whereof he, the said goeth master, by force of arms to attack, surprise, seize, and take all ships and vessels, goods, wares, and merchandises, chattels, and effects, belonging to France, or to any persons being subjects of France, or inhabiting within any of the territories of France, saving always

such exceptions as his Majesty may at any time or times hereafter be pleased to declare, excepting only within the harbours or roads within shot of the cannon of princes and states in amity with his Majesty; and whereas he, the said

hath a copy of certain instructions, approved of and passed by his Majesty in council, as by the tenor of the said letters of marque and reprisals and instructions thereto, relating more at large appeareth. If therefore nothing be

done by the said

or any of his officers, marines or company, contrary to the true meaning of the said instructions and of all other instructions which may be issued in like manner hereafter, and whereof due notice shall be given him; but that such letters of marque and reprisals aforesaid, and, the said instructions shall in all particulars be well, and duly observed and performed, as far as they shall the said ship, master and company, any way concern; and if they shall give full satisfaction for any damage or injury which shall be done by them or any of them, to any subjects of his Majesty, or of any foreign state in amity with his Majesty; and also shall duly and truly pay or cause to be paid to his Majesty, or the customers or officers appointed to receive the same for his Majesty, the usual customs due to his Majesty of and for all ships and goods, so as aforesaid taken and adjudged for prize— And moreover, if the said

shall not

take any ship or vessel, or any goods or merchandise belonging to the enemy or otherwise liable to confiscation, through consent or clandestinely, or by collusion, by virtue, colour, or pretence, of his said letters of marque and reprisals, that then this bail shall be void and of none effect; and unless they shall so do, they do all hereby severally consent that execution shall issue forth against them, their heirs, executors, and administrators, goods and chattels, wheresoever the same may be found, to the value of the sum of pounds before mentioned. And in testimony of the truth thereof, they have hereunto subscribed their names.

By command of His Royal Highness the Prince Regent, in the name and on the behalf of His Majesty.

APPENDIX E.

AMERICAN PRIVATEERS.

Notes on Henry Wheaton's Digest of the Law of Maritime Captains and Prizes. Original edition, New York, 1815.

PAGE 42. By the Act of Congress of 1812, concerning letters of marque, prizes and prize-goods, it is provided that before any commission of letters of marque and reprisal shall be issued, the owner or owners of the ship or vessel for which the same shall and be requested by the commander 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 5,000 dollars; or, if such vessel be provided with more than 150 men, then in the penal sum of 10,000 dollars; with condition that the owners, officers and crew, who shall be employed on board such commissioned vessels shall and will observe the treaties and laws of the United States, and the instructions which shall be given them according to law 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, and to deliver up the same when revoked by the President of the United States.

Page 45. By the law of the United States, it is enacted that if any citizen shall, within the territory or jurisdiction of the United States accept and exercise a commission to serve a foreign prince or state in war, by land or sea, the person so offending A shall be guilty of a high misdemeanour, and shall be fined not more than 2000 dollars, and shall be imprisoned not exceeding three years. And it is likewise provided that if any person shall

今!

within any of the ports, harbours, bays, rivers, or other waters of the United States fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly be concerned in the fitting out and arming of any ship or vessel, with intent that such ship or vessel shall be employed in the service of any foreign prince or state, to cruize or commit hostilities upon the subjects, citizens or property of another foreign prince or state, with whom the United States are at peace, or shall issue or deliver a commission within the territory or jurisdiction of the United States for any ship or vessel, to the

intent that she may be employed as aforesaid, every such person so offending shall upon conviction be adjudged guilty of a high misdemeanour, and shall be fined and imprisoned at the discretion of the Court in which the conviction shall be had, so as the fine to be inflicted shall in no case be more than 5000 dollars, and the term of imprisonment shall not exceed three years, and every such ship or vessel with her tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores, which may have been procured for the building and equipment thereof shall be forfeited, one-half to the use of any person who shall give information of the offence, and the other half to the use of the United States. And by a subsequent Act, it is also provided that if any citizen of the United States shall, without the limits of the same, fit out or procure to be fitted out, or knowingly be concerned in the fitting out of a privateer for the purpose of cruizing against the subjects of a nation at amity with the United States or shall take the command or serve on board of such privateer, or purchase any interest in the same, he shall be adjudged guilty of a high misdemeanour and be punished by a fine not exceeding 10,000 dollars and imprisonment not exceeding ten years.

INDEX.

American Privateers, History of,
97 n.

American - Spanish War, The,
203 n.

Alexandre Ier et Napoléon, Serge "Amiable Nancy," the, 94.