A. Decrees of the Republic. 1. May 9, 1793: Art. 1. Ships of war and privateers may seize and carry into the ports of the Republick, neutral vessels which are wholly or in part loaded with provisions, being neutral property bound to an enemy's port, or with merchandise belonging to an enemy. Art. II. Merchandise belonging to an enemy is declared a lawful prize, seizable for the profit of the captor. Provisions being neutral property, shall be paid for at the price they would have sold for at the port where they were bound. Art. III. In all cases neutral vessels shall be released as soon as the unlading of the provisions or the seizure of the merchandise shall be effected. The freight shall be settled at the rate paid by the charterers. A proper compensation shall be granted for the detention of the vessels by the tribunals, who are ready to adjudge the prizes. 2. July 2, 1796 (14 Messidor, an 4): All neutral or allied powers shall without delay be notified that the flag of the French Republick will treat neutral vessels, as to confiscation, search or detention [visite ou prehension], in the same manner as they shall suffer the English to treat them. 3. March 2, 1797 (12 Ventose, an 5): Art. v. Agreeably to the 21st article of the treaty of London of the 19th of November, 1794, every individual known to be American, who holds a commission given by the enemies of France, as also every mariner of that nation making a part of the crew of private or publick ships [navires ou vaisseaux] of the enemy, shall be from that act alone declared a pirate and treated as such, with out allowing him in any case to show that he had been forced by violence, menaces or otherwise. Art. vi. In conformity to the law of the 14th February, 1793, the regulations of the 21st October, 1744, and of the 26th July, 1778, as to the manner of proving the right of property in neutral ships and merchandise, shall be executed according to their form and tenor. In consequence every American vessel shall be a good prize which has not on board a list of the crew [rôle d'équipage] in proper form, such as is prescribed by the model annexed to the treaty of the 6th February, 1778, a compliance with which is ordered by the 25th and 27th articles of the same treaty. 4. January 18, 1798 (29 Nivose, an 6): Art. 1. The character of vessels in what concerns their quality as neutral or enemy shall be decided by their cargo; in consequence every vessel found at sea, laden in whole or in part with merchandise coming [provenants] from England or her possessions, shall be declared good prize, whoever may be the proprietor of these productions or merchandise. B. Imperial Decrees. 5. November 21, 1806 (Berlin decree): Art. 1. The British Islands are declared in a state of blockade. Art. 1. All commerce and correspondence with the British Islands are prohibited. In consequence, letters or packets addressed either to England, to an Englishman, or in the English language, shall not pass through the post office and shall be seized. Art. III. Every subject of England, of whatever rank and condition soever, who shall be found in the coun tries occupied by our troops or by those of our allies, shall be made a prisoner of war. Art. IV. All magazines, merchandise, or property whatsoever, belonging to a subject of England, shall be declared lawful prize. Art. v. The trade in English merchandise is forbidden; all merchandise belonging to England or coming from its manufactories and colonies is declared lawful prize. Art. VI. One half of the proceeds of the confiscation of the merchandise and property, declared good prize by the preceding articles, shall be applied to indemnify the merchants for the losses which they have suffered by the capture of merchant vessels by English cruisers. Art. VII. No vessel coming directly from England or from the English colonies, or having been there since the publication of the present decree, shall be received into any port. Art. vII. Every vessel contravening the above clause by means of a false declaration, shall be seized and the vessel and cargo confiscated as if they were English property. 6. December 17, 1807 (Milan decree): Art. 1. Every ship, to whatever nation it may belong, that shall have submitted to be searched by an English ship or to a voyage to England or shall have paid any tax whatsoever to the English government, is thereby and for that alone declared to be denationalized, to have forfeited the protection of its king and to have become English property. Art. II. Whether the ships thus denationalized by the arbitrary measures of the English government enter into our ports or those of our allies, or whether they fall into the hands of our ships of war or of our privateers, they are declared to be good and lawful prize. Art. III. The British islands are declared to be in a state of blockade both by land and sea. Every ship, of whatever nation or whatsoever the nature of its cargo may be, that sails from the ports of England or those of the English colonies and of the countries occupied by English troops and proceeding to England or to the English colonies or to countries occupied by English troops, is good and lawful prize, as contrary to the present decree, and may be captured by our ships of war or our privateers and adjudged to the captor. IV VESSELS IN SERVICE, 1798–1801 This is believed to be a complete list of vessels of the regular navy down to 1801, arranged in groups according to the year in which their active service began; and also includes eight revenue cutters transferred from the Treasury Department, nine galleys built for harbor defense under the act of May 4, 1798, and three vessels temporarily impressed into the service in the West Indies. The names of the various commanding officers are also given. Vessels retained in the navy after the war are indicated by italics. Regular Navy: 1798. United States, 44, Barry. Constitution, 44, Nicholson, Talbot. Constellation, 36, Truxtun, Murray. Portsmouth, 24, McNeill. George Washington, 24, Fletcher, Bainbridge. Merrimack, 24, Brown. Delaware, 20, Decatur, Baker, Spotswood. Baltimore, 20, Phillips, S. Barron, Cowper, Herald, 18, Sever, Russell. Norfolk, 18, Williams, Bainbridge, Calvert. Retaliation, 14, Bainbridge. 1799. Insurgente, 36, Murray, Fletcher. General Greene, 28, Perry. Adams, 28, Morris, Robinson. Connecticut, 24, Tryon, Derby. Maryland, 20, Rodgers. Patapsco, 20, Geddes. Warren, 20, Newman, J. Barron. Augusta, 14, McElroy. Enterprise, 12, Shaw, Sterrett. 1800. President, 44, Truxtun. Chesapeake, 36, S. Barron. Trumbull, 24, Jewett. Revenue Cutters: Pickering, 14, Chapman, Preble, Hillar. Eagle, 14, Campbell, Bunbury. Scammel, 14, Adams, Fernald, Jones. |