On the legality of citizens arming their vessels in time of peace
Document 1795Reports from the port of Philadelphia indicate that some civilians are arming their vessels. Secretary Pickering asks lawyer William Rawle whether it is lawful for citizens of United States, in time of peace, to arm their vessels.
War Department
William Rawle Esq
Timothy Pickering
Sec. of War to
William Rawle
War Office Oct. 30 1795.
Sir,
I inclose a letter from the Collector of the Port of Philadelphia, with the report subjoined of the Surveyor, that the Schooner Ballahoo, lying at Willing’s Wharf in that port, has since her arrival been altered, and fitted to carry four guns, and undergone changes that will admit her of carrying more. The persons fitting her, say they are going to arm her merely in their own defence: but to what abuses may such practices subject us? Is it lawful for citizens of the United States, in time of peace especially, to arm their vessels, unless commissioned by the Government for the purpose? Were there any law for the object security might be taken of the concerned, that the application of the Schooner arms should be confined to her own defence: but when armed, and near the ports of any of the belligerent powers, nothing can be easier than a collusive surrender.
As the vessel is reported to be on the point of sailing, I pray you to favour me with an immediate response. I have but just received the report.
Very respectfully yours
Timothy Pickering
Wm Rawle Esq.
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