Gazette Of The United States, & Philadelphia Daily Advertiser

The following Bill is now pending in the Legislature of the United States.

A Bill to prevent the arming of private ships, except in certain cases, and under certain regulations.

Sec. 1. WHEREAS it is prohibited by law that any vessel be fitted out & armed within the jurisdiction of the United States, with intent to be employed in the service of any foreign prince or state, to cruise or commit hostilities upon the subjects, citizens or property of another foreign prince or state, with whom the United States are at peace; and whereas for a due execution of this prohibition the President of the United States has heretofore, deemed it necessary to direct that no merchant vessel, armed within the United States, should be permitted to be cleared out, destined to any foreign country, except to some port in the East Indies, until further regulations should be made on this subject by Congress, which regulations it is now become expedient to make, as well that the said prohibition may be duly enforced, as that the lawful trade of the citizens of the United States may not continue unprotected & exposed to unlawful violences and seizures upon the high seas.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That it shall not be lawful for any vessel fitted out and armed in the United States, with intent to be employed in the service of any foreign prince or state, to cruise or commit hostilities upon the subjects, citizens or property of another foreign prince or state with whom the United States are at peace; to be cleared out or be permitted to depart from the United States.

Sect. 2. And be it further enacted, That it shall not be lawful for any vessel, fitted out and armed in the United States, with intent to defend itself, if violently and unlawfully set upon and interrupted on the high seas, in its lawful trade, to be cleared out or depart out of the United States, unless the cargo and every part of it, be bona fide the property of a citizen or citizens of the United States, and be not contraband, by the general laws of nations, or by some of the treaties of the United States, and unless the same be destined to a place neither invested nor blockaded.

Sect. 3. And be it further enacted, That no goods, wares or merchandize, contraband by any treaty, to which the United States are a party, or by the general law of nations, or belonging to the subjects or citizens of any nation, at war with another, or destined for any place besieged or blockaded, shall be exported out of the United States, in any armed vessel belonging to a citizen or citizens of the United States or under the protection of a convoy of the United States, to any foreign port or place belonging to any foreign nation at war with another.

Sect. 4. And be it further enacted, That the master or person having the charge or command of an armed merchant vessel, bound to a foreign port or place, shall deliver to the collector of the district from which such vessel shall be about to depart, a manifest of the cargo on board the same, specifying the particulars thereof, to whom belonging and where the owner or owners reside, verified by the oath or affirmation of the shipper or shippers thereof, and moreover. the said master or commander of such ship or vessel, and the shipper or shippers of the said cargo, and the owner or owners of such ship or vessel, shall give bond with two or more sureties, to the satisfaction of the said collector. in a sum, at least equal to the reasonable value of the said vessel and cargo, to be ascertained by the said collector, with condition, that the cargo and every part of it is bona fide the property of a citizen or citizens of the United States, and that no trade shall be carried on contrary to the laws of nations or any of the treaties to which the United States are a party, and that no force shall be used against a commissioned ship of war of any foreign nation, but in self defence, conformably to the laws of nations and the treaties to which the United States are a party, and to such an extent only as defence shall render necessary, against the unlawful attempts to search or seize such armed vessel, contrary to the laws of nations or the particular treaty existing between the United States and the nation to which the ship of war belongs;--whereupon the said collector shall grant a clearance for the said vessel and her cargo, specifying the particulars thereof and the owner or owners of every part thereof, and certifying him or them to be citizens of the United States : and if any armed merchant vessel, bound to a foreign port or place; shall depart out of the United States without such clearance, the said master or person having the said charge or command, shall forfeit and, pay the sum of one-thousand dollars, for such offence, and also the owner or owners of said vessel shall forfeit and pay the sum of two thousand dollars for the same offence, to be recovered by action of debt or information, one half to the use of the informer, the other half to the use of the United States.

Sect. 5. And be it further enacted, That no vessel, armed or unarmed, bound to a port of a belligerent nation, shall be received or taken under convoy of any ship or vessel of war belonging to, or in the service of the United States, without a certificate to the commander of the convoy, from the collector of the district where the cargo was laden, ascertaining that the cargo, and every part of it is not contraband, either by the general laws of nations or by any of the treaties to which the United States are a party; and that the said cargo is wholly owned by citizens of the United States, whose names and residence shall be inserted therein, and that the said vessel is not bound to a place, actually besieged or blockaded.

Sect. 6. And be it further enacted. That the cargo to be exported out of the United States, in any armed vessel, or other vessel, intended to sail under American convoy, belonging to any citizen or citizens of the United States, to any foreign port or place, belonging to a foreign nation at war with another, shall be laden and put on board such vessel, in the day time, in the presence of an inspector of customs, who shall enter in a book, to be by him kept, the name or names of the owner or owners thereof, together with a description of the several particulars composing the cargo, and the marks, numbers, kinds and descriptions of the respective packages which shall be laden in such vessel, and a true copy thereof, shall be by him, certified to the collector of the district in which such vessel is laden : and the daily compensation of such inspector, for performing the services hereby required, shall be the same which is by law allowed, for every day employed in aid of the customs, which shall be defrayed by the master or person having charge of the vessel in which the service.is rendered.

Sect. 7. And be it further enacted, That it shall not be lawful for any convoy to use force or have force to be used, against a commissioned ship of war of any foreign nation, but in defence of itself, or of the merchant vessels under convoy, attempted to be unlawfully searched or seized, contrary to the particular treaty, if any exists, between the United States and the nation to which the ship of war belongs; or, if no treaty exists between them, contrary to the general laws of nations.

Sec. 8. And be it further enacted, That the master or commander of every such armed vessel, and also every convoy, which shall have used force in self defence, during any voyage, shall. within three days, after returning to any port within the United States, make a true report of all the material circumstances of the case, in which such force shall have been employed, subscribed by the master, mate, and one sixth part of the seamen, and verified by their oaths ; and shall deliver the same to the collector of the district where such vessel shall first arrive,to be by him,transmitted to the secretary of the treasury, and finally deposited in the office of the department of state: And if any such master or commander, shall refuse, or fail to make the report herein required, within the time, and in the manner herein set forth, he shall forfeit and pay, for every such offence, the penalty of five hundred dollars, to be recovered in the name and for the use of the United States.

Sect. 9. And be it further enacted, That nothing in this act shall be construed to repeal the act passed on the fifth day of June, one thousand seven hundred- and ninety four, entitled, An act in addition to an act for the punishment of certain crimes against the United States," or any clause or part thereof.