his chief officers, or some other person who shall be present at the capture, and saw the said papers and writings delivered up, or otherwise found on board at the time of the capture, making oath that the said papers and writings are brought and delivered in as they were received and taken, the same being first numbered and the number specified in the affidavit without any fraud, addition, subduction, or embezzlement, or otherwise accounting for the same upon oath to the satisfaction of the Court.

IV.—That the ships, vessels, goods, wares, merchandise, and effects, taken by virtue of letters of marque and reprisals as aforesaid, shall be kept and preserved, and no part of them shall be sold, spoiled, wasted, or diminished; and that the bulk thereof shall not be broken, before judgment be given in the High Court of Admiralty of England, or some other Court of Admiralty lawfully authorized in that behalf, that the ships, goods, and merchandises are lawful prize.

V. That if any ship or vessel belonging to Us or our subjects, shall be found in distress by being in fight, set upon, or taken by the enemy, or by reason of any other accident, the commanders, officers, and company of such merchant ships or vessels as shall have letters of marque and reprisals as aforesaid, shall use their best endeavours to give aid and succour to all such ship and ships; and shall, to the utmost of their power, labour to free the same from the enemy, or any other distress.

VI.—That the commanders or owners of such ships and vessels, before the taking out letters of marque and reprisals, shall make application in writing, subscribed with their hands to our High Admiral of our United Kingdom of Great Britain and Ireland, or our commissioners for executing that office for the time being; or the lieutenant or judge of the said High Court of Admiralty, or his surrogate, and shall therein set forth a particular, true, and exact description of the ship or vessel for which such letter of marque and reprisal is requested, specifying the burden of such ship or vessel, and the number and nature of the guns, and what other warlike furniture and ammunition are on board the same; to what place the ship belongs, and the name or names of the principal owner or owners of such ship or vessels, and the number of men intended to be put on board the same, and for what time they are victualled, also the names of the commanders and officers.

VII.-That the commanders of ships and vessels having letters of marque and reprisals, as aforesaid, shall hold and keep, and are hereby enjoined to hold and keep, a correspondence by all conveniences, and upon all occasions, with our High Admiral of our United Kingdom of Great Britain and Ireland, or our Commissioners for executing that office for the time being, or their secretary, so as from time to time to render and give him or them not only an account or intelligence of their captures and proceedings by virtue of such commission, but also of whatever else shall occur unto them, or be discovered and declared unto them, or found out by them, or by examination of, or conference with, any mariners or passengers of, or in the ships or vessels taken, or by any other ways or means whatsoever touching or concerning the designs of the enemy, or any of their fleets, ships, vessels, or parties, and of the stations, sea-ports, and places, and of their intents therein; and of what ships or vessels of the enemy bound out or home, or where cruising, as they shall hear of; and of what else material in these cases may arrive at their knowledge, to the end that such course may be thereon taken and such orders given as may be requisite.

VIII. That no commander of any ship or vessel having a letter of marque and reprisal as aforesaid, shall presume, as they will answer it at their peril, to wear any jack, pennant, or other ensign, or colours usually borne by our ships; but that, besides the colours usually borne by merchant ships, they do wear a red jack, with the Union Jack described in the canton at the upper corner thereof near the staffs.

IX.-That no commander of any ship or vessel, having a letter of marque and reprisal as aforesaid, shall ransom, or agree to ransom, or quit, or set at liberty, any ship or vessel, or their cargoes, which shall be seized and taken.

X.-That all captains or commanders, officers of ships, having letters of marque and reprisals, do send an account of, and deliver over, what prisoners shall be taken on board any prizes, to the commissioners appointed, or to be appointed for the exchange of prisoners of war, or the persons appointed in the seaport towns to take charge of prisoners; and that such prisoners be subject only to the orders, regulations, and directions of the said commissioners; and that no commander or other officer of any ship having a letter of marque and reprisal as aforesaid do presume, on any pretence whatsoever, to ransom any prisoner. XI.-That in case the commander of any ship having a letter

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

is duly

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 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 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 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