[Draft of General Instructions to Commanders of Armed Vessels in the Service of the United States] War Department 14 May 1798. Sir. Your ship being equipped, manned and appointed as a vessel of war, to cruise on the coast of the U.S. it becomes necessary, and I am directed by the President of the U.S. to give you the following instructions. You will forthwith proceed to sea, and when you have cleared the capes, direct and change your course from time to time in such manner, as to give effectual protection to the trade of the U.S. within the limit of always observing the following restrictions. The trade of the U.S. is depredated upon and unjustly injured, in an extreme degree, upon [strikethrough: the high seas] [strikethrough: that element], where you are now called to act; but as Congress [strikethrough: have not declared war, or even suspended our] the French Republick from whom [strikethrough: a treaty with] [strikethrough: foreign instructions] [undecipherable] three greatest aggressions are now experienced, it is [strikethrough: absolutely] necessary to describe the limits which are to [strikethrough: better imputed that your instructions should] confine your courage and enterprise [strikethrough: restrain the full exertion of that active courage and enterprise you are known to possess.] /1./ You may be attacked on the high seas, in such case, you are to employ your utmost force, to defend yourself; but altho' you should be victor in the contest, you cannot be directed to make prize of, and bring in for adjudication the vessel which attacked, fought with, and was conquered by you, should it prove to be a regularly commissioned ship of war, and not a private, you must remain content with the glory of having repelled force by force, and the benefit your country will derive from the lesson you will have given to an aggressor. The same reason will forbid you attacking, in any case upon the high seas, the regularly commissioned ships of war of any nation. All ships or vessels found cruising without such commissions are to be considered and treated as pirates. /2./ Within our jurisdiction as limits or a marine league of our coast, or within any of the inlets, bays, rivers, sounds or places [enclosed?] locked by the territory of the U.S. you may meet with foreign armed vessels insulting the coast threatening it with invasion, attempting to seize our vessels, or hovering with intention to [strikethrough: take] attack the vessels of our own or other countries; in such case, you will use [strikethrough: those force] against the assailants or aggressor, and if possible [strikethrough: arrest] them, to answer the damage and insult committed done. /3./ Upon the high seas you may meet with, trading vessels of the U.S. outward bound or upon the return voyage [undecipherable] [undecipherable] [undecipherable] [undecipherable] the prosecution of a lawful trade, and are furnished with proper papers. Should such vessels be [undecipherable: boarded by] such alien vessels, [undecipherable] attack the trade [upon] protest, or on your ship [undecipherable] employ of treaty, or the laws of nations. where no treaty exists, you will give them your protection against the said illegal search, and should such alien cruisers attack the trade you protect, you will employ your utmost force to repel the aggression, but as before instructed, unless in the case of a pirate you cannot capture as prize. (4) You may also met with French armed vessels, who have unjustly and illegally seized upon and captured vessels belonging to the U.S. employed in a lawful trade, and who may then have on board, as prisoners, the crews which they had removed from the same. you will in such case, insist upon the delivery to you, of all Americans together with their property, and if refused, force a compliance with your request. (5) Vessels of the U.S. in the prosecution of a lawful trade, have been and may be, illegally captured, detained, and ordered for some foreign port, for adjudication or condemnation as prize; should you meet with such you will recover the possession of the same, remove the prize-master and hands that may have been put on board, and replace them with a proper crew, either to conduct the vessel to her original destination or restore her to the country and her original owners. --- War Department 19 May 1798 Sir. Your ship being equipped, manned and appointed as a vessel of war, to cruise on the coast of the U.S., it becomes necessary, and I am directed by the President of the U.S. to give you the following instructions. You will forthwith proceed to sea, and when you have cleared the capes, direct and change your course, from time to time, in such manner as to give effectual protection to the trade of the U.S. within the limit of always observing the following restrictions. The trade of the U.S. is depredated and unjustly injured, in an extreme degree, upon that element, where you are now called to act; but as Congress have not declared war, or even suspended [strikethrough: a] treaty with [one of the nations from which] the greatest aggressions are now experienced, it is absolutely imposed, that your instructions should restrain the full exertion of that active courage and enterprise you are known to possess. 1^st You may be attacked upon the high seas, in such case, you are to employ your utmost force, to defend yourself; but altho' you should be victor in the contest, you cannot be directed to make prize of, and bring in for adjudication, the vessel which attacked, fought with, and was conquered by you, should it [strikethrough: prove to] be a regularly [strikethrough: move to] commissioned ship of war, and not a pirate. You must remain content with the glory of having repelled force by force, and the benefit your country will derive from the lesson you will have given by an aggressor. The same reason will forbid you, attacking, in any case, upon the high seas, the regularly commissioned ships of war of any [strikethrough: nation, and] nation. All ships or [vessels] found cruising [without such commissions are to be considered] and treated as pirates. /2./ Within our jurisdiction as limits or a marine league of our coast, or within any of the inlets, bays, rivers, [strikethrough: bays,] sounds or places [enclosed?] locked by the territory of the U.S. you may meet with foreign armed vessels insulting the coast, threatening it with invasion, [strikethrough: attempting to] seize our vessels, or hovering with intention to attack the vessels of our own or other countries; in such case, you will use your utmost force, against the assailants or aggressors, and if possible [arrest] them, to answer the damage and insult committed done. /3./ Upon the high seas you may meet with, trading vessels of the U.S. outward bound or upon their return voyage [undecipherable] [undecipherable] [undecipherable] the prosecution of a lawful trade, and are furnished with proper papers. Should such vessels be [undecipherable] such alien vessel, attack the trade [upon] protest, or on your ship [undecipherable] employ your utmost force to repel the aggression, but as before restated, and if in the case of a pirate, you cannot capture as prize. (4) You may also met with [strikethrough: such] French armed vessels, who have unjustly and illegally seized upon and captured vessels belonging to the U.S. employed in a lawful trade, and who may then have on board, as prisoners, the crews [which] they had removed from the same. you will in such case, insist upon the delivery to you of all Americans together with their property, and if refused, force a compliance with your request. /5/ Vessels of the U.S. in the prosecution of a lawful trade, have been, and may be illegally captured, detained, and ordered for some foreign port, for adjudication or condemnation as prize; should you met with such you will recover the possession of the same, remove the prize master and hands that may have been put on board, and replace them with a proper crew, either to conduct the vessel to [her] original destination or restore her to the country and her original owners. --- [first drafts by W. Pickering &c] Lord Hawkesbury on neutral nations - p. 10 Bynkershoek. 2. — within the precincts of the dominion of any government, you are not at liberty to [underline: search] the ships of any country; but is not this liberty universally and immemorially practised over all on the main sea? The ships of a neutral nation [undecipherable] property of an enemy. It is lawful to stop on the ocean any vessel, though she carry the colours of a neutral nation, and to examine by her papers to show she really belongs, and in case she appear to be the property of an enemy, to seize her as lawful prize. 1. enemies property [undecipherable: condemned?] — The French government [undecipherable: (minister?)] delivered to Mons. Beukenoode the Dutch minister at Paris a memorial declaring, that every thing which is an issue of the growth or manufacture of his own country, when found on board the ships of Holland, that the property does not appear to belong to the enemy, shall be good prize. And H. [undecipherable] that the same resolution extended to all other neutral traders. Lord Hawkesbury - p. 34