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they shall be alien enemies at the times and the manner prescribed by the laws heretofore passed on that subject: Provided, that nothing herein contained shall be taken or construed to interfere with or prevent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturalization of such alien.

Approved 30th July, 1813, 1st ses. 13th Con.

An act concerning Letters of Marque, Prizes and Prize
Goods.

ized to revoke let

&c.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United States President author shall be, and he is hereby authorized and empowered ters of marque, to revoke and annul at pleasure, all letters of marque and reprisal which he shall or may at any time grant pursuant to an act entitled "An act declaring war between the United Kingdom of Great Britain and Ireland and the dependencies thereof, and the United States of America and their territories."

quired from per -letters of marque,

SEC. 2. And be it further enacted, That all persons Formalities reapplying for letters of marque and reprisal, pursuant sons applying for to the act aforesaid, shall state in writing the name e and a suitable description of the tonnage and force of. the vessel, and the name and place of residence of each owner concerned therein, and the intended number of the crew; which statement shall be signed by the person or persons making such application, and filed with the Secretary of State, or shall be delivered to any other officer or person who shall be employed to deliver out such commissions, to be by him transmitted to the Secretary of State.

Bond to be given.

Condition.

Distribution of

prize money, &c.

Recapture of pro

perty of citizens,

SEC. 3. And be it further enacted, That before any commission of letters of marque and reprisal shall be issued as aforesaid, the owner or owners of the ship or vessel for which the same shall be requested, and the commander thereof, 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 five thousand dollars; or if such vessel be provided with more than one hundred and fifty men, then in the penal sum of ten thousand dollars; with condition that the owners, officers, and crew, who shall be employed on board such commissioned vessel, 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, during her commission and to deliver up the same when revoked by the President of the United States. SEC. 4. And be it further enacted, That all captures and prizes of vessels and property, shall be forfeited and shall accrue to the owners, officers, and crews of the vessels by whom such captures and prizes shall be made; and on due condemnation had, shall be distributed according to any written agreement, which shall be made between them; and if there be no such agreement, then one moiety to the owners, and the other moiety to the officers and crew, to be distributed between the officers and crew as nearly as may be, according to the rules prescribed for the distribution of prize money, by the act, entitled, "An act for the better government of the navy of the United States," passed the twenty third day of April, one thousand eight hundred.

SEC. 5. And be it further enacted, That all vessels, &c. to be restored goods, and effects, the property of any citizen of the United States, or of persons resident within and under

on payment of salvage.

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salvage.

the protection of the United States, or of persons permanently resident within and uuder the protection of any foreign prince, government, or state, in amity with the United States, which shall have been captured by the enemy and which shall be recaptured by vessels commissioned as aforesaid, shall be restored to the lawful owners, upon payment by them respectively, of a just and reasonable salvage, to be determined by the Distribution of mutual agreement of the parties concerned, or by the decree of any court having competent jurisdiction, according to the nature of each case, agreeably to the provisions heretofore established by law. And such salvage shall be distributed among the owners, officers and crews of the vessels commissioned as aforesaid, and making such recaptures according to any written agreement which shall be between them; and in case of no such agreement, then in the same manner and upon the principles herein before provided in case of capture.*

brought in for ad

ports of the U.

States or a friend

ly nation.

SEC. 6. And be it further enacted, That before break- Prizes to be ing bulk of any vessel which shall be captured as afore- judication, into said, or other disposal or conversion thereof, or of any articles which shall be found on board the same, such captured vessel, goods or effects, shall be brought into some port of the United States, or into some port of a nation in amity with the United States, and shall be proceeded against, before a competent tribunal, and after condemnation and forfeiture thereof, shall belong to the owners and captors thereof, and be distributed as aforesaid: and in the case of all captured vessels, goods and effects which shall be brought within the jurisdiction of the United States, the district courts of the United States shall have exclusive original cognizance thereof, as in civil causes of admiralty and maritime jurisdiction; and the said courts, or the courts, brought into the

* See act relative to salvage, 3rd March 1800.

District courts of

the United States exclusive juris

to have original

diction of prizes

being courts of the United States, into which such cases shall be removed, and in which they shall be finally decided, shall and may decree restitution, in whole or in part, when the capture shall have been made without just cause. And if made without probable cause, or otherwise unreasonably, may order and decree damages and costs to the party injured, and for which the owners and commanders of the vessels making such captures, and also the vessels shall be liable. SEC. 7. And be it further enacted, That all prisoners cerning prisoners found on board any captured vessels, or on board any recaptured vessel, shall be reported to the Collector of the port in the United States in which they shall first arrive, and shall be delivered into the custody of the marshal of the district or some civil or military officer of the United States, or of any state in or near such port, who shall take charge of their safe keeping and support, at the expense of the United States.

Regulations con

found on board prize vessels.

President to pre

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SEC. 8. And be it further enacted, That the Presiscribe instructions dent of the United States shall be, and he is hereby auto privateers. thorised to establish and order suitable instructions for the better governing and directing the conduct of the vessels, so commissioned, their officers and crews, copies of which shall be delivered, by the Collector of the customs, to the commanders when they shall give bond as aforesaid.

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SEC. 9. And be it further enacted, That a bounty Bounty for destroying enemy's shall be paid by the United States of twenty dollars for each person on board any armed ship or vessel, belonging to the enemy, at the commencement of an engagement, which shall be burnt, sunk or destroyed, by any vessel commissioned as aforesaid, which shall be of equal or inferior force, the same to be divided as in other cases of prize money.

SEC. 10. And be it further enacted, That the commanding officer of every vessel having a commission, or letters of marque and reprisal, during the present hos

to keep journals.

tilities between the United States and Great Britain, commanding offshall keep a regular journal, containing a true and cers of privateers exact account of his daily transactions and proceedings with such vessel and the crew thereof; the ports and places he shall put into or cast anchor in; the time of his stay there and the cause thereof; the prizes he shall take; the nature and probable value of such prizes; the times and places, when and where taken, and how and in what manner he shall dispose of the same; the ships or vessels he shall fall in with; the times and places, when and where he shall meet with them, and his observations and remarks thereon; also, of whatever else shall occur to him or any of his officers or mariners, or be discovered and found out by examination or conference with any mariners or passengers of, or in any other ships and vessels, or by any other ways or means whatsoever, touching or concerning the fleets, vessels, and forces of the enemy, their posts and places of station and destination, strength, numbers, intents, and designs: And such. commanding officer shall, immediately on his arrival in any port of the United States or the territories thereof, from or during the continuance of any voyage or cruize, produce his commission for such vessel, and deliver up such journal so kept as aforesaid, signed with his proper name and hand writing, to the Journals to be reCollector or other chief officer of the customs, at or ported to the Col nearest to such port; the truth of which journal shall be verified by the oath of the commanding officer for the time being; and such Collector or other chief officer of the customs shall, immediately on the arrival of such vessel, order the proper officer of the customs to go on board and take an account of the officers and men, the number and nature of the guns, and whatever else shall occur to him, on examination, material to be known; and no such vessel shall be permitted to sail out of port again, after such arrival, until such

lectors, &c. &c.

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