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Sec. 3. And be it further enacted, That after notice of this act, at Security to be the several custom-houses, no armed merchant vessel of the United given previous States shall receive a clearance or permit, or shall be suffered to depart of armed mera therefrom, unless the owner or owners, and the master or commander chant vessels. of such vessel for the intended voyage, shall give bond, to the use of the United States, in a sum equal to double the value of such vessel, with condition, that such vessel shall not make or commit any depredation, outrage, unlawful assault, or unprovoked violence upon the high seas, against the vessel of any nation in amity with the United States; and that the guns, arms and ammunition of such vessel shall be returned within the United States, or otherwise accounted for, and shall not be sold or disposed of in any foreign port or place; and that such owner or owners, and the commander and crew of such merchant vessel, shall, in all things, observe and perform such further instructions in the premises, as the President of the United States shall establish and order, for the better government of the armed merchant vessels of the United States.
Sec. 4. And be it further enacted, That the President of the United The President States shall be, and he is hereby authorized to establish and order suita- shall establish ble instructions to, and for, the armed merchant vessels of the United instructions for States, for the better governing and restraining the commanders and of armed mercrews who shall be employed therein, and to prevent any outrage, cruelty chant vessels. or injury which they may be disposed to commit; a copy of which instructions shall be delivered by the collector of the customs to the commander of such vessel, when he shall give bond, as aforesaid. And it shall be the duty of the owner or owners, and commander and crew, Report to be for the time being, of such armed merchant vessel of the United States, made to the colat each return to any port of the United States, to make report to the lector on their collector thereof of any rencounter which shall have happened with any United States. foreign vessel, and of the state of the company and crew of any vessel which they shall have subdued or captured; and the persons of such crew or company shall be delivered to the care of such collector, who, Disposal of with the aid of the marshal of the same district, or the nearest military prisoners. officer of the United States, or of the civil or military officers of any state, shall take suitable care for the restraint, preservation and comfort of such persons, at the expense of the United States, until the pleasure of the President of the United States shall be known concerning them.
Sec. 5. And be it further enacted, That this act shall continue and Limitation of be in force for the term of one year, and until the end of the next ses- the act. sion of Congress thereafter. Sec. 6. Provided, and be it further enacted, That whenever the go
The President vernment of France, and all persons acting by, or under their authority, may instruct the shall disavow, and shall cause the commanders and crews of all armed armed merchant French vessels to refrain from the lawless depredations and outrages mit to scarches,
vessels to sub. hitherto encouraged and authorized by that government against the &c. when merchant vessel [s] of the United States, and shall cause the laws of French armed nations to be observed by the said armed French vessels, the President
vessels shall ob
serve the law of of the United States shall be, and he is hereby authorized to instruct nations, &c. the commanders and crews of the merchant vessels of the United States to submit to any regular search by the commanders or crews of French vessels, and to refrain from any force or capture to be exercised by virtue hereof. APPROVED, June 25, 1798.
STATUTE II. CHAP. LXI.-An Act to punish frauds committed on the Bank of the United
June 27, 1798. States.
(Obsolete.) Be it enacted by the Senate and House of Representatives of the Penalty on United States of America in Congress assembled, That if any person ing counterfeit
forging or ultershall falsely make, alter, forge or counterfeit, or cause or procure to be bills, notes, orders or checks, falsely made, altered, forged or counterfeited, or willingly aid or assist by or upon the in falsely making, altering, forging or counterfeiting any bill or note bank of the U. issued by order of the president, directors and company of the Bank of .
the United States, and signed by the president, and countersigned by the cashier thereof, or any order or check on the said cashier or corporation, for the payment of money, with intention to defraud the said corporation, or any other body politic or person, or shall utter or publish, as true, any false, altered, forged or counterfeited bill or note issued by order of the president, directors and company of the Bank of the United States, and signed by the president, and countersigned by the cashier thereof, or any order or check on the said cashier or corporation, for the payment of money, with intention to defraud the said corporation, or any other body politic or person, knowing the same to be falsely altered, forged or counterfeited, every such person shall be deemed and adjudged guilty of felony, and being thereof convicted, according to the due course of law, shall be sentenced to be imprisoned and kept at hard labour for a period not less than three years, nor more than ten years, or shall be imprisoned not exceeding ten years, and fined not exceeding five thousand dollars: Provided, that nothing herein contained shall be construed to deprive the courts of the individual states of a jurisdiction under the laws of the several states over the offences declared punishable by this act.
APPROVED, June 27, 1798,
Chap. LXII.-An Act in addition to the act more effectually to protect the June 28, 1798.
Commerce and Coasts of the United Sta!cs. [Obsolete.]
Section 1. Be it enacted by the Senate and House of Representatives armed Pressels of the United States of America in Congress assembled, That all such and goods may armed vessels as may be seized, taken and brought into any port of the be condemned United States, in pursuance of the act, entitled “An act more effectin the district
ually to protect the commerce and coasts of the United States," with the Ante, p. 561. apparel, guns and appurtenances of such vessels, and the goods and Ante, p. 578. effects, which shall be found on board the same, shall be liable to for
feiture and condemnation, and may be libelled and proceeded against in Forfeiture not to extend
the district courts of the United States, for the district into which the captured prop- same may be brought. Provided, that such forfeiture shall not extend erty of citizens to any goods or effects, the property of any citizen or person resident or residents in the U. States.
within the United States, and which shall have been before taken by the crew of such captured vessel.
Sec. 2. And be it further enacted, That whenever any vessel the proproperty of cit- perty of, or employed by any citizen of the United States, or person izens and resi. resident therein, or any goods or effects belonging to any such citizen dents to be re
or resident shall be re-captured by any public armed vessel of the United stored, paying salvage.
States, the same shall be restored to the former owner or owners, upon due proof, he or they paying and allowing, as and for salvage to the recaptors, one eighth part of the value of such vessel, goods and effects,
free of all deductions and expenses. Distribution
Sec. 3. And be it further enacted, That whenever any armed vessel, of prizes.
captured and condemned, as aforesaid, shall have been of superior or equal force to the public armed vessel of the United States by which such
capture shall have been made, the forfeiture shall be and accrue wholly to Salvage to be the captors: and in other cases, one half thereof shall be to the use of Jong wholly to the United States, and the residue to the captors. And all salvage the officers and
which shall be allowed and recovered upon any vessel, goods or effects
re-captured, and to be restored, as aforesaid, shall belong wholly to the Court con- officers and crew of the public armed vessel of the United States by demning may order a sale,
which such re-capture shall be made: and the court before whom any condemnation shall be had, as aforesaid, shall and may order the sale of
the vessel, goods and effects condemned, to be made at public auction, upon due notice by the marshal of the district in which the same shall be: and all expenses of condemnation and sale, being deducted from the proceeds, the part thereof which shall accrue to the United States, shall be paid into the public treasury, and the residue, and all allowances of salvage, as aforesaid, shall be distributed to, and among the officers and crews concerned therein, in the proportions which the President of the United States shall direct.
Sec. 4. And be it further enacted, That it shall be lawful for the Officers and President of the United States, to cause the officers and crews of the crews of cap.
tured vessels, vessels so captured and hostile persons found on board any vessel, which shall be re-captured, as aforesaid, to be confined in any place of safety fined. within the United States, in such manner as he may think the public interest may require, and all marshals and other officers of the United States are hereby required to execute such orders as the President may issue for the said purpose.
APPROVED, June 28, 1798.
&c. to be con
CHAP. LXIII.-An Act making an appropriation for the expenses incident to the June 28, 1798.
new Regiment of Artillerists and Engineers, during the year one thousand seven hundred and ninety-eight.
Be it enacted by the Senate and House of Representatives of the [Obsolete.] United States of America in Congress assembled, That the sum of eightyeight thousand dollars be, and the same hereby is appropriated for the pay, subsistence, clothing, forage, bounties, quartermaster's supplies, and all contingent expenses, during the year one thousand seven hundred and ninety-eight, of the regiment of artillerists and engineers to be raised for the service of the United States, pursuant to an act, intituled
1798, ch. 33. “An act to provide an additional regiment of artillerists and engineers :" The said sum of eighty-eight thousand dollars to be paid out of any unappropriated money in the treasury of the United States.
APPROVED, June 28, 1798.
Chap. LXIV.-An Act supplementary to the act intituled "An act to provide an June 30, 1798.
additional Armament for the further protection of the trade of the United States, and for other purposes.'
Ante, p. 552.
[Obsolete.) Section 1. Be it enacted by the Senate and House of Representatives The President of the United States of America in Congress assembled, That the Presi- may accept res. dent of the United States shall be, and he is hereby authorized to accept the credit of the in behalf of the United States, of the proposals of any persons who shall U. States ; offer and undertake to complete, provide and deliver, to the use, and whereupon be upon the credit of the United States, on terms, in his opinion, advan- may cause evi. tageous or convenient, any vessel or vessels, now building, or to be built debt or obliga. within the United States, of a model and size which he shall approve, tion to be given
therefor. and armed and equipped, or suitable to be armed for the public service: and upon the delivery of the vessel or vessels, according to such proposals, or to the acceptance of the President of the United States, he may
Limitation to cause proper certificates, or other evidence of the debt or obligation of twelve vessels. the United States incurred thereby, to be made and given at the treasury department, and which shall be there registered, to the use and benefit of the persons concerned: Provided, that not more than twelve No more than vessels, in addition to those already authorized, shall and may be pro- be annowed on
per cent. cured, by virtue hereof: And provided, that not more than six per cent. credits. per annum, shall be allowed for any credit which shall be given under this act. And all certificates of debt shall be redeemable at the will of Congress.
Rates of the Sec. 2. And be it further enacted, That the vessels authorized by ships of war to the act, intituled “An act to provide an additional armament for the be procured or accepted.
further protection of the trade of the United States, and for other Ante, p. 552. purposes," and those which shall be authorized by this act, shall be pro
cured and accepted according to the following rates, as nearly as may be; that is to say—six of them not exceeding eighteen guns each, and twelve of them not less than twenty, or exceeding twenty-four guns each, and six not less than thirty-two guns each; and the guns for each vessel, to be of such caliber and weight of metal, as the President of the United States shall approve; any thing in the said former act, to
the contrary hereof, notwithstanding. The President Sec. 3. And be it further enacted, That the President of the United may accept of States may, at his discretion, accept of any vessel armed and equipped, the use of the or suitable to be armed, of a model, size and force proper for the public U. States. service, which any state, body politic or corporate, citizen or citizens
of the United States, shall voluntarily offer and give, for the use of the
United States, to increase the naval armament. The President Sec. 4. And be it further enacted, That the President of the United may regulate States shall be, and he is hereby authorized to determine and direct, the canby pay, according to the rate of each vessel which shall be furnished or accepted and number of in pursuance of this act, the rank, pay, and subsistence of the commismen to be em- sioned and warrant officers, who shall be appointed thereto; and the ployed, &c.
number of men to be engaged, and the pay to be allowed them, not exceeding the proportionable grades and allowances which are or shall be authorized by law, for the navy of the United States. And all offi
cers of the said navy, according to their respective ranks, shall be 1794, ch. 12. appointed in the manner prescribed by the act, intituled "An act to
provide a naval armament." The President Sec. 5. And be it further enacted, That the President of the United may vary the States may, at his discretion, increase or vary the quotas of seamen, quotas. of sea- landsmen and marines, to be employed on board the frigates, and may
permit a proportion of boys for them, and the other vessels of the navy of the United States, according to the exigencies of the public service.
APPROVED, June 30, 1798.
July 6, 1798. CHAP. LXV.-An Act providing Arms for the Militia throughout the United
States. 30,000 stands
Section 1. Be it enacted by the Senate and House of Representatives of arms provided, and of the United States of America in Congress assembled, That there sold to the state shall be provided, at the charge and expense of the government of the governments,
United States, thirty thousand stand of arms, which shall be deposited Act of April by order of the President of the United States, at suitable places; for 23, 1808, ch. 55. the purpose of being sold to the governments of the respective States, or
the militia thereof, under such regulations, and at such prices as the
President of the United States shall prescribe. those remaining Sec. 2. And be it further enacted, That the President of the United unsold may be States be, and he is hereby authorized to cause all or any part of the delivered to the militia, when arms herein directed to be provided and deposited for sale, which shall, called into ser- at any time, remain unsold, to be delivered to the militia, when called vice.
into the service of the United States, proper receipts and security being
given for the return of the same. Amount of Sec. 3. And be it further enacted, That the monies arising from sales to be paid such sales shall be paid into the treasury of the United States, and the into the Treas. amount received shall be annually reported to Congress. ury.
Sec. 4. And be it further enacted, That for the purpose of carrying Appropriation.
this act into effect, the President of the United States shall be, and he
hereby authorized to draw from the treasury of the United States, a sum not exceeding four hundred thousand dollars, to be paid out of any money in the treasury not otherwise appropriated.
APPROVED, July 6, 1798.
Chap. LXVI.-An Act respecting Alien Enemies.(a)
July 6, 1798. Section 1. Be it enacted by the Senate and House of Representatives [Expired.) of the United States of America in Congress assembled, That whenever there shall be a declared war between the United States and any foreign war, or actual nation or government, or any invasion or predatory incursion shall be vasion, the Pre. perpetrated, attempted, or threatened against the territory of the United sident' shall States, by any foreign nation or government, and the President of the make a proclaUnited States shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, Act of July being males of the age of fourteen years and upwards, who shall be 6, 1812, ch. 130. within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies. And the President of the United States shall be, and he is hereby Alien enemies authorized, in any event, as aforesaid, by his proclamation thereof, or how to be treatother public act, to direct the conduct to be observed, on the part of the United States, towards the aliens who shall become liable, as aforesaid; the manner and degree of the restraint to which they shall be subject, and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those, who, not being If not charge. permitted to reside within the United States, shall refuse or neglect to able with crimes depart therefrom; and to establish any other regulations which shall be against the pubfound necessary in the premises and for the public safety :, Provided, shall be allowed that aliens resident within the United States, who shall become liable for their departas enemies, in the manner aforesaid, and who shall not be chargeable with actual hostility, or other crime against the public safety, shall be allowed, for the recovery, disposal, and removal of their goods and effects, and for their departure, the full time which is, or shall be stipulated by any treaty, where any shall have been between the United States, and the hostile nation or government, of which they shall be natives, citizens, denizens or subjects: and where no such treaty shall have existed, the President of the United States may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality. Sec. 2. And be it further enacted, That after any proclamation shall
criminal juris. be made as aforesaid, it shall be the duty of the several courts of the
diction and United States, and of each state, having criminal jurisdiction, and of also the judges the several judges and justices of the courts of the United States, and of the courts of they shall be, and are hereby respectively, authorized upon complaint, may receive and against any alien or alien enemies, as aforesaid, who shall be resident hear complaints and at large within such jurisdiction or district, to the danger of the against alien public peace or safety, and contrary to the tenor or intent of such pro- make an order clamation, or other regulations which the President of the United States thereon. shall and may establish in the premises, to cause such alien or aliens to be duly apprehended and convened before such court, judge or justice; and after a full examination and hearing on such complaint, and suffi
All courts of
(a) Alien enemy. The fact that the commander of a private armed vessel was an alien enemy at the time of the capture, does not invalidate such capture. The Mary and Susan, 1 Wheat. 46; 3 Cond. Rep. 480.
Admitting it to have any operation, all that could result from it would be the condemnation of his interest to the government, as a droit of the admiralty; but his national character can in no case affect the rights of the owners and crew of the privateer. Ibid.
An alien enemy cannot be permitted to make the declaration required by law, preparatory to the naturalization of aliens. Ex parte Newman, 2 Gallis: C. C. R. 11.
An alien enemy cannot sustain a suit in a prize court, nor can a citizen claim the property of an alien enemy in a prize court, upon an alleged sale since the war, The Emulous, 1 Gallis. C. C. R. 563. VOL. 1.-73