Enclosure: Notes for Instructions to Armed Vessels , 4 July 1805
Enclosure: Notes for Instructions to Armed Vessels
Notes for consideration, & for instructions to any armed vessels which may be sent out to protect our commerce on our coasts.
Preliminary questions. Do the laws authorise the putting vessels in commission for the protection of our commerce? other than against Tripoli?
if they do not, should we not do it at our risk & ask an act of indemnity from Congress?1
What vessels? the Adams & Baltimore brig for the coast. 2. the for the Missisipi. 3. the for Cuba & the islands.2
Instructions.
Cruising grounds
The frigate & brig from St. Mary’s to St. George’s bank,3 crossing each other always.4
The 3d (if to be had) from Florida point to Rio grande.5
The 4th. (if to be had) round Cuba & among the islands.6
To respect public ships of war, except when violating the 3. miles jurisdiction.7
To confine themselves to privateers.
If they find privateers without commissions, or with irregular or doubtful commissions, bring them in for examination.
If their commissions be regular, & they are found cruising within sight of land warn them to keep without that limit, & if found within it after warning bring them in as offenders against the law for preserving peace in our harbors & waters.8
If they have regularly siesed an American bottom, enquire if their conduct has been regular, viz.
| have they | plundered the vessel? | |
| maltreated the crew? | ||
| separated the Master &c from his vessel? | ||
| forced the American to send his boat aboard? |
do they refuse to exhibit their commission, to declare their names, vessel, flag or port?9 in all these cases bring them in for examination.
If they have acted correctly, carry or send the prize & the privateer, if a Spaniard, to Havanna; if French to Sto. Domingo; if English to and deliver them up to the proper tribunal.10
If any American citizens are found engaged in the privateers, take them out, & keep them in safe custody to be brought home & delivered up to justice.11
You are not to extend your protection 1. to foreign vessels. 2. to American vessels engaged in the slave trade. 3. to American vessels engaged in any contraband commerce.
The Gunboats & Revenue cutters to be subsidiary.12
MS (DLC: TJ Papers, 163:28683); undated; entirely in TJ’s hand. PoC (same, 151:26447). Dft (same, 128:22129); significant variations are recorded in notes below.
law for preserving peace: under the first section of the 3 Mch. act for the preservation of peace in U.S. harbors and waters, anyone “on board of any foreign armed vessel” in waters within U.S. jurisdiction who committed “any treason, felony, misprision of treason, or of felony, misdemeanor, breach of the peace, or of the revenue laws of the United States” was subject to punishment (, 2:339).
1. In Dft TJ first wrote “If they do, what should be the instructions to such vessels” before altering the sentence to read: “If they do, what vessels shall we equip & what shall be the instructions to such vessels.”
2. Dft: “1. The Adams. 2. the Balt. brig. 3. the Chesapeake?”
3. Preceding three words interlined in Dft in place of “Portland.”
4. Dft: “the two vessels always moving in opposite directions.”
5. Dft: “Rio Bravo,” in place of canceled “Mata Gordo.”
6. This line is not in Dft.
7. In Dft following this line TJ wrote: “the line of sight, the limit of their action. abt 20. to 30 mi.”
8. Dft: “law for maintg. ord. in our ports & seas.”
9. Dft: “do they refuse to shew their commn. decline themselves or do it falsely?”
10. Dft: “and see them delivd to justice.”
11. Dft: “take them out & bring them home for trial.”
12. This line is not in Dft.