A Compilation of the Messages and Papers of the Presidents. Section 1 (of 3) of Volume 10.
History
A Compilation of the Messages and Papers of the Presidents. Section 1 (of 3) of Volume 10.
Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
A proper discharge of the important duties arising out of this act will
require the exercise of a sound and an impartial judgment. You are not
only to do all that in you lies to prevent all intercourse, whether
direct or circuitous, between the ports of the United States and those
of France or her dependencies in cases where the vessels or cargoes are
apparently, as well as really, American and protected by American papers
only, but you are to be vigilant that vessels or cargoes really
American, but covered by Danish or other foreign papers and bound to or
from French ports, do not escape you. Whenever, on just suspicion, you
send a vessel into port to be dealt with according to the aforementioned
law, besides sending with her all her papers send all the evidence you
can obtain to support your suspicions and effect her condemnation. At
the same time that you are thus attentive to fulfill the objects of the
law you are to be extremely careful not to harass or injure the trade of
foreign nations with whom we are at peace nor the fair trade of our own
citizens.
A misconstruction of his authority by Captain Nicholson in relation to
vessels of friendly nations captured by the French renders it necessary
that I should make some explanatory observations on that subject. Our
laws direct the capture of all armed vessels sailing under authority or
pretense of authority from the French Republic. A vessel captured by the
citizens of France must be considered as sailing under the authority
of France, and it is scarcely to be supposed that in times like the
present, when few vessels sail without arms, a captured vessel in
possession of the captors will be so circumstanced as not to come under
the description of an armed vessel within the meaning of our laws. To
justify a recapture nothing is necessary but that the vessel be provided
with such means of annoyance as will render her dangerous to an unarmed
American vessel in pursuit of lawful commerce. If, however, the vessel
can not be considered an armed vessel within the meaning of our laws,
you are not to recapture her unless you should have probable cause to
suspect that the citizens of the United States or persons resident
therein have some interest in the vessel or cargo.
It is always your duty to recapture American property and property of
persons resident within the United States whenever found in possession
of the French on the high seas.
I have the honor to be, sir, your most obedient servant,
BEN. STODDERT.
[From Claypoole's American Daily Advertiser, Philadelphia, December 20,
1799.]
Public-domain text, read in full here on John Shaqi.
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