Bill for the Adjudication of Prizes, 3 December 1804
Bill for the Adjudication of Prizes
[before 3 Dec. 1804]
A Bill for the adjudication of prizes in certain cases
Be it enacted &c that during the existence of war between the US. & any of the predatory powers1 on the coast of Barbary in Africa, it shall be lawful for the Pres. of the US.2 with the advice & consent of the Senate to appoint a judge of Admiralty to reside & to hold courts for so long a time as in the opinion of the President the circumstances of the war may require it3 in any place within the territories of any nation at war with the same power, & who may permit the same, for trying & deciding all cases of capture in the sd war4 by the5 armed vessels of the US. which judge shall proceed in all cases by the same laws rules & proceedings, as are prescribed in like cases for the courts of admiralty within the US. and shall have authority to appoint6 for the service of his court the same officers as7 the like courts have in the US.
Provided nevertheless that (this establishment being made for the accomodation of neutrals8 having property in the vessels & cargoes taken), it shall be lawful for any neutral in his first pleading before the sd court9 to decline a trial by the same & to demand that it be had in the courts of the US. in which case all proceedings in the sd court thereon shall cease, and the same course shall be had as if this act had never been passed.
MS (DLC: TJ Papers, 232:42050); undated, but see below; entirely in TJ’s hand.
adjudication of prizes: in his annual message to Congress on 8 Nov., TJ asked the body to consider a measure that would allow for the legal condemnation of captured Tripolitan vessels in foreign ports. Four days later, the House of Representatives appointed a select committee with Caesar A. Rodney as its chair to respond to this part of TJ’s message. Between the formation of the committee and the initial reporting of the bill on 3 Dec., TJ consulted with Madison on aspects of international law in relation to establishing admiralty courts in foreign countries. The bill included language from TJ’s draft, but replaced his provision allowing owners from neutral nations to decline trial with a provision for appeal of a final decree to the U.S. Supreme Court. The bill as reported would also provide for the appointment of a marshal and a proctor for the new court. On 10 Dec., the House debated the proposed bill and recommended that the last section, which gave the president power to abolish the court, be altered to allow it to continue in operation until its business was complete. Eight days later, the committee reported an amendment to that effect. The House did not resume discussion on the bill (, 5:11-12, 30, 50, 58; , 14:783-91; Relfs Philadelphia Gazette, 6, 7 Dec.; Annual Message to Congress, 8 Nov.; TJ to Madison, 18 Nov.).
1. TJ first wrote “any of the powers” before interlining and canceling “pyratical states” and then interlining “predatory.”
2. TJ here canceled “to establish” and “appoint a.”
3. Preceding 23 words and ampersand interlined.
4. TJ here interlined and then canceled “made within the [seas] within the straits of Gibraltar.”
5. TJ here canceled “arms of the.”
6. TJ here canceled “the neces.”
7. TJ here canceled “are authorised for.”
8. Word interlined in place of “those.”
9. TJ first wrote “lawful for them on their first plea in the sd court” before altering the passage to read as above.