twenty days after your arrival, with your reasons for such dismission. And you are to deliver, at your expense, or the expense of your owners, the prisoners you shall bring into port, to a commissary of prisoners nearest the place of their landing, or into the nearest county jail.

10. You shall observe all such farther instructions as Congress shall hereafter give in the premises, when you shall have notice thereof.

11. If you shall do any thing contrary to these instructions, or to others hereafter to be given, or willingly suffer such thing to be done, you shall not only forfeit your commission, and be liable to an action for breach of the condition of your bond, but be responsible to the party grieved for damages sustained by such malversation.

Resolved, That the Board of Admiralty be empowered, and directed to cause to be printed, so many copies of said forms as they shall judge necessary.

Resolved, That the President transmit to the Governors or Presidents of the respective States, so many copies of the said forms as the Board of Admiralty shall advise, and at the same time inform them, that it is the intention of Congress, that all commissions and instructions now in force, be cancelled as soon as possible, and commissions, bonds, and instructions of the new form, be substituted in place thereof.

The motion of Mr. Madison was again taken into consideration, and thereupon the following Ordinance was passed:

An Ordinance relative to the capture and condemnation of Prizes.

The United States in Congress assembled, taking into consideration the implacable war waged against them by the king of Great Britain, and judging it inconsistent with their dignity, as a free and independent nation, any longer to continue indulgencies and exemptions to any of the subjects of their enemy, who is obstinately bent upon their destruction or subjugation, have thought it proper to ordain and order, and it is hereby ordained and ordered, that henceforward general reprisals be

to capture.

granted against the ships, goods, and subjects of the king of Enemy's ships Great Britain; so that, as well the fleets and ships of these or goods liable United States, as also all other ships and vessels commissioned by letters of marque or general reprisals, or otherwise, by the authority of the United States in Congress assembled, shall, and may lawfully seize all ships vessels, and goods, belonging to the king or crown of Great Britain, or to his subjects, or others inhabiting within any of the territories or possessions of the aforesaid king of Great Britain, and bring them to judgment in any of the Courts of Admiralty that now are, or hereafter may be, established in any of these United States, by the authority of the United States in Congress assembled; and the said Courts of Admiralty are hereby authorised and required, to take cognizance of, and judicially to proceed upon, all, and all manner of captures, seizures, prizes, and reprisals of all ships and goods that are, or shall be taken, and to hear and determine the same, and, according to the course of Admiralty, and the laws of nations, to adjudge and condemn all such ships, vessels, and goods, as shall belong to the king of Great Britain, or to his subjects, or to any others inhabiting within any of the countries, territories, or dominions, or possessions, of the aforesaid king of Great Britain.

papers damna.

And that the Board of Admiralty, or secretary of marine, forthwith prepare, and lay before the United States in Congress assembled, a draught of instructions, for such ships or vessels as shall be commissionated for the purposes above-mentioned. And it is hereby further ordained, that the destruction of Spoliation of papers, or the possession of double papers, by any captured or vessel, shall be deemed and taken as just cause for the condemnation of such captured vessel; and that, when any prize, having been taken and possessed by the enemy twenty-four Recaptures and salvage. hours, shall be retaken from them, the whole of such recaptured prize shall be condemned for the use of the recaptors; but in cases where the prize shall have continued in the possession of the enemy less than twenty-four hours, it shall be restored to the original owner or owners, except one third part of the

Trading with the enemy.

true value thereof, which shall be allowed as salvage to the recaptors.

And it is hereby further ordained, that the citizens and inhabitants of these United States be, and they hereby are, strictly enjoined and required to abstain from all intercourse, correspondence, or dealings whatsoever, with the subjects of the said king of Great Britain, while at open war with these United States, as they will answer the same at their peril; and the executives of the several States are hereby called upon to take the most vigilant and effectual measures for detecting and suppressing such intercourse, correspondence, or dealings, and bringing the authors thereof, or those concerned therein, to condign punishment.

And in order the more effectually to remove every colourable pretence for continuing such intercourse, it is hereby ordained, that from and after the first day of November next, no benefit shall be claimed from, nor countenance or regard paid to, any letters of passport or safe conduct, heretofore granted by the Congress of the United States, to any of the citizens or inhabitants thereof, or to any person or persons whatever, for the removal of their property or effects from places within the dominions or possessions of the said king of Great Britain :

. Provided always, that this ordinance shall not extend to authorise the capture or condemnation of any vessel belonging to any inhabitant of Bermudas, which being loaded with salt only, may arrive in any of these United States, on or before the first day of May next.

And it is hereby ordained, that all former acts or resolutions of Congress, contrary to the tenor, true intent, and meaning of this ordinance, be, and they are hereby repealed.

Saturday, April 7th, 1781.

On a report of a committee, consisting of Mr. Varaum, Mr. Bee, and Mr. Van Dyke, to whom was referred the draught of

instructions to the captains of private armed vessels, reported

by the Board of Admiralty :*

Be it ordained, and it is hereby ordained, by the United Instructions to private armed States in Congress assembled, that the following instructions be vessels, observed by the captains or commanders of private armed vessels, commissioned by letters of marque or general reprisals, or otherwise, by the authority of the United States in Congress assembled.

First. You may by force of arms, attack, subdue, and seize Enemy ships, and enemy all ships, vessels, and goods, belonging to the king or crown of goods therein, liable to capGreat Britain, or to his subjects, or others inhabiting within ture. any of the territories or possessions of the aforesaid king of Great Britain, on the high seas, or between high water and low water marks. And you may also annoy the enemy by all means in your power, by land as well as by water, taking care not to infringe or violate the laws of nations, or laws of neutrality.

band.

Second. You are to pay a sacred regard to the rights of neu- Free ships, free goods, extral powers, and the usage and customs of civilized nations; cept contraand on no pretence whatever, presume to take or seize any ships or vessels belonging to the subjects of princes or powers in alliance with these United States; except they are employed in carrying contraband goods or soldiers to our enemies; and in such case you are to conform to the stipulations contained in the treaties subsisting between such princes or powers and these States; and you are not to capture, seize, or plunder any ships or vessels of our enemies, being under the protection of neutral coasts, nations, or princes, under the pains and penalties expressed in a proclamation issued by the Congress of the United States, the ninth day of May, in the year of our Lord one thousand seven hundred and seventy-eight.

Third. You shall permit all neutral vessels freely to navigate

This Ordinance was passed by Congress in consequence of the temporary recognition, by the United States and France, of the principles of the armed neutrality, as laid down in the declaration of her Majesty, the Empress of Russia, of February 26th, 1780. 2 Dall, 18. Sce, also, Darby et al. v. The Brig Estern, Ib. 31.

Definition

on the high seas, or coasts of America, except such as are employed in carrying contraband goods or soldiers to the enemies of these United States.

of Fourth. You shall not seize or capture any effects belonging contraband. to the subjects of the belligerent powers on board neutral ves

Prizes to be

Courts of cap

or those of its ally.

sels, excepting contraband goods; and you are carefully to observe, that the term contraband, is confined to those articles which are expressly declared to be such in the treaty of amity and commerce, of the sixth day of February, one thousand seven hundred and seventy-eight, between these United States and his most Christian Majesty, namely, arms, great guns, bombs, with their fuses, and other things belonging to them, cannon balls, gun powder, matches, pikes, swords, lances, spears, halberts, mortars, petards, grenadoes, salt petre, muskets, musket balls, bucklers, helmets, breastplates, coats of mail, and the like kind of arms proper for arming soldiers, musket rests, belts, horses, with their furniture, and all other warlike instruments whatever.

Fifth. You shall bring all such ships and vessels as you shall adjudged in seize or capture, with their guns, rigging, tackle, apparel, and tor's country, furniture, and ladings, to judgment, in any of the Courts of Admiralty that now are, or hereafter may be, established in any of these United States, in any Court authorised by his most Christian Majesty, or any other power in alliance with these United States, to take cognizance of captures and seizures made by the private armed vessels of these States, and to judicially hear and determine thereon.

Prize proceed. ings.

Sixth. You shall send the master or pilot, and one or more principal person of the company, of every ship or vessel by you taken, in such ship or vessel, as soon after the capture as may be, to be by the judge or judges of such Court as aforesaid, examined upon oath, and make answer to such interrogatories as may be pronounced, touching the interest or property of the ship or vessel and her lading; and at the same time you shall deliver, or cause to be delivered, to the judge or judges, all passes, sea-briefs, charter-parties, bills of lading, cockets, letters, and other documents and writings found on board, pro