collected in the same manner and under the same regulations, as the like goods, wares and merchandise, if imported in vessels of the United States from any foreign port or place, in the ordinary course of trade, are now or may at the time be liable to pay. Sec. 15. And be it further enacted, That all offences committed by any officer or seaman on board any such vessel, having letters of marque and reprisal, during the present hostilities against Great Britain, shall be tried and punished in such manner as the like offences are or may be tried and punished when committed by any person belonging to the public ships of war of the United States: Provided always, That all offenders who shall be accused of such crimes as are cognizable by a court martial, shall be confined on board the vessel in which such offence is alledged to have been committed, until her arrival at some port in the United States or their territories; or until he shall meet with one or more of the public armed vessels of the United States abroad, the officers whereof shall be sufficient to make a court martial for the trial of the accused; and upon application made, by the commander of such vessel, on board of which the offence is alledged to have been committed, to the Secretary of the Navy, or to the commander or senior officer of the ship or ships of war of the United States abroad as aforesaid, the Secretary of the Navy, or such commander or officer, is hereby authorised to order a court martial of the officers of the navy of the United States, for the trial of the accused, who shall be tried by the said court. Sec. 16. And be it further enacted, That an act, entitled "An act laying an embargo on all the ships and vessels in the ports and harbours of the United States, for a limited time," passed the fourth day of April, one thousand eight hundred and twelve; and an act, entitled "An act to prohibit the exportation of specie, goods, wares, and merchandise, for a limited time," passed April fourteenth, one thousand eight hundred and twelve, so far as they relate to ships and vessels having commissions or letters of marque and reprisal, or sailing under the same, be, and they hereby are respectively repealed. Sec. 17. And be it further enacted, That two per cen. tum on the net amount (after deducting all charges and expenditures) of the prize money arising from captured vessels and cargoes, and on the net amount of the salvage of vessels and cargoes re-captured by the private armed vessels of the United States, shall be secured and paid over to the collector or other chief officer of the customs at the port or place in the United States, at which such captured or re-captured vessels may arrive; or to the consul or other public agent of the United States residing at the port or place, not within the United States, at which such captured or re-captured vessels may arrive. And the monies arising therefrom, shall be held and hereby is pledged by the government of the United States as a fund for the support and maintenance of the widows and orphans of such persons as may be slain; and for the support and maintenance of such persons as may be wounded and disabled on board of the private armed vessels of the United States, in any engagement with the enemy, to be assigned and distributed in such manner as shall hereafter by law be provided. H. CLAY, Speaker of the House of Representatives. June 26, 1812. APPROVED, JAMES MADISON. On the 27th of January, 1813, the following act, in addition to the above, was passed: An Act in addition to the Act concerning letters of marque, prizes, and prize goods. BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all prizes of vessels and property, captured by private armed ships, commissioned under the authority of the United States, which may be condemned in any district or circuit court of the United States, shall be sold at public auction, by the marshal of the district in which the same shall be condemned, within sixty days after the condemnation thereof, sufficient notice of the time and place, and conditions of sale, being first given, on such day or days, on such terms of credit, and in such lots or proportions as may be designated by the owner or owners, or agent of the owner or owners of the privateer which may have captured the same: Provided, That the term of such credit shall not exceed ninety days; and the said marshal is hereby directed, to take and receive, from the purchaser or purchasers of such prize vessel and property, the money therefor, or his, her or their promissory notes with endorsers, to be approved by the owner or owners of the privateer, to the amount of the purchase, payable according to the terms thereof. Sec. 2. And be it further enacted, That upon all duties, costs, and charges, being paid according to law, the said marshal shall, on demand, deliver and pay over to the owner or owners of the privateer, or to the agent of such owner or owners of the privateer, which may have captured such prize vessel and property, a just and equal proportion of the funds received on account of the sale thereof, and of the promissory notes directed to be taken as aforesaid, to which the said owner or owners may be entitled, according to the articles of agreement between the said owner or owners, and the officers and crew of the said privateer; and a just and equal proportion of the proceeds of the sale as aforesaid, shall, on demand, be also paid over, by the said marshal, to the officers and crew of the said privateer, or to their agent or agents. And if there be no written agreement, it shall be the duty of the marshal to pay over, in manner as aforesaid, one moiety of the proceeds of the sale of such prize vessel and property, to the owner or owners, agent or agents of the owner or owners of the privateer, which may have captured the same; and the other moiety of the said proceeds to the agent or agents of the officers and crew of the said privateer, to be distributed according to law, or to any agreement by them made: Provided, The said officers and crew, or their agent or agents, shall have first refunded, to the owner or owners, or to the agent of the owner or owners of the privateer aforesaid, the full amount of advances which shall have been made by the owner or owners of the privateer, to the officers and crew thereof. Sec. 3. And be it further enacted, That for the selling prize property, and receiving and paying over the proceeds as aforesaid, the marshal shall be entitled to a commission of one per cent. and no more, first deducting all duties, costs, and charges, which may have accrued on said property: Provided, That on no case of condemnation and sale of any one prize vessel and cargo, shall the commissions of the marshal exceed two hundred and fifty dollars. Sec. 4. And be it further enacted, That it shall be the duty of the marshal, within fifteen days after any sale of prize property, to file in the office of the clerk of the district court, of the district wherein such sale may be made, a just and true account of the sales of such prize property, and of all duties and charges thereon, together with a statement thereto annexed of the promissory notes taken on account thereof, which account shall be verified by the oath of the said marshal; and if the said marshal shall wilfully neglect, or refuse to file such account, he shall forfeit and pay the sum of five hundred dollars, for each omission or refusal as aforesaid, to be recovered in an action of debt by any person interested in such sale, and suing for the said penalty, on account of the party or parties interested in the prize vessel or property sold as aforesaid, in any court having cognizance thereof. Sec. 5. And be it further enacted, That the owner or owners of any private armed vessel or vessels, or their agent or agents, may, at any time before a libel shall be filed against any captured vessel or her cargo, remove the same from any port into which such prize vessel or property may be first brought, to any other port in the United States, to be designated at the time of the removal as aforesaid, subject to the same restrictions, and complying with the same regulations with respect to the payment of duties, which are provided by law, in relation to other vessels arriving in port with cargoes subject to the payment of duties: Provided, That, before such removal, the said captured property shall not have been attached at the suit of any adverse claimant, or a claim against the same have been interposed in behalf of the United States. H. CLAY, Speaker of the House of Representatives. President of the Senate, pro tempore. January 27, 1813. APPROVED. JAMES MADISON. CHAPTER V. British Vessels captured by Public and Private Armed Vessels of the United States. List of British vessels captured, entering the harbour of Boston, during the latter part of the year 1775, and the early part of 1776. Ship Jenny, William Foster, one hundred tons. Ship Concord, James Laurea, three hundred. Schooner Two Sisters, Robert Robins, eighty. Ship Friends, Archibald Bowie, two hundred. Brig Sukey, M. Engs, ninety. Sloop North Briton, John Ritchie, sixty. Brig Nancy, Robert Hunter, two hundred andfifty. Sloop Smith, eighty. Sloop Little Hannah, Robert Adams, one hundred and forty. Sloop Betsey, Atkinson, sixty. Sloop Industry, Samuel Lane, forty. Sloop Success, John Hitch, fifty. Schooner Fisher, John Moody, fifty. Snow James, William Littledale, one hundred and eighty. Ship Henry and Esther, Nellis, three hun dred. *Sloop Sally, Robert Basden, seventy. Sloop Polly, White, twenty-five. Schooner Industry, Coffin, eighty five. Schooner. -, Dowse, fifteen. Ship *This sloop was American property, and was taken by the Niger, man of war, who put the said Basden, one of their officers, on board as prize master. |