Unlawful Increase of Force on Ships in Ports of the United States
Document 1794Neutrality of United States dictated that no ships need additional weapons. The arming of vessels by United States ships, or the arming of vessels in U.S. water is unlawful. Rule sent to all other nations.
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[July 1st: 1794
H Knox Secretary of War describing what is to be deemed an unlawful encrease of force to vessels in the Ports of the United States — and enclosing a new rule respecting the sailing of vessels from them —]
[Letters [undecipherable] 5]
War department
July 1, 1794
Sir,
Some doubts having arisen in several of the States as to the circumstances of equipment in any vessel belonging to the belligerent Nations which may be deemed an unlawful encrease or augmentation of force, it has been judged adviseable in order that an uniform principle may prevail upon the subject to give the following explanation.
The mounting additional Guns, or changing or altering the calibre or the size of the Guns in any manner whatever, the making of new Gun barriages or the cutting of new Port Holes in any part of a vessel are each adjudged to be an unlawful augmentation of force and therefore to be prevented.
This construction had its full operation upon the British letter of Marque Ship Juno, which arrived in the port of Philadelphia in the Month of July 1793. New Gun barriages were made, additional Guns mounted which had been brought in the hold of the said vessel and new port Holes were cut in her sides and stern. Each and every one of these Acts being deemed unlawful she was obliged to reland the new Gun barriages, dismount the additional Guns and dismantle and effectually close up the new port Holes —
Although this Rule has been hitherto considered as applicable to the belligerent powers only; yet in order to prevent any abuse or national responsibility from the subjects of other neutral nations fitting out or equipping vessels in our ports for the use of one of the warring nations it is extended to all vessels belonging even to Neutrals.
The United States being also a neutral Nation, the vessels of their citizens in most cases do not require to be armed. the arming of such vessels therefore raises a presumption that it is done with an hostile intent and contrary to the prohibitions of the Act of Congress. Some special cases indeed may occur in which arming may be proper and necessary, but these cases ought always to be well examined and ascertained, lest they should [undecipherable: probable reading: connexions] with some of the belligerent powers. To guard against such an abuse no vessel belonging to any Citizen of the United States is to be permitted to be armed and to sail until after all circumstances concerning her shall have been transmitted to the President and his decision thereon made known.
I have the honor to transmit herein enclosed a new Rule of War to the sailing of vessels of belligerent Nations from the United States and also an Act entitled "An Act in addition to an Act for the punishment of certain Crimes against the United States."
I have the honor to be
with great Respect
Your Excellency's
obedient Servant
H Knox
[His Excellency]
Type
Autograph Letter Signed
Description
Neutrality of United States dictated that no ships need additional weapons. The arming of vessels by United States ships, or the arming of vessels in U.S. water is unlawful. Rule sent to all other nations.
Date
07/01/1794
Author
Recipient
Sent from
War Department
Repository
Collection
Document number
1794070100001
Page start
1
Notable persons
Thomas Sim Lee
Henry Knox
Notable locations
War Department

