797. BELLIGERENTS, Code of Rules for.—
First, The original arming and equipping
of vessels in the ports of the United
States by any of the belligerent powers for
military service, offensive or defensive, is
deemed unlawful. Second. Equipment of
merchant vessels by either of the belligerent
parties in the ports of the United States,
purely for the accommodation of them as such,
is deemed lawful. Third. Equipments in the
ports of the United States of vessels of war
in the immediate service of the government
of any of the belligerent parties, which, if
done to other vessels, would be of a doubtful
nature, as being applicable either to commerce
or war, are deemed lawful, except those
which shall have made prize of the subjects,
people or property of France, coming with
their prizes into the ports of the United
States, pursuant to the seventeenth article of
our treaty of amity and commerce with
France. Fourth. Equipments in the ports of
the United States by any of the parties at war
with France, of vessels fitted for merchandise
and war, whether with or without commissions,
which are doubtful in their nature, as
being applicable either to commerce or war.
are deemed lawful, except those which shall
have made prize, &c. Fifth. Equipments of
any of the vessels of France in the ports of
the United States, which are doubtful in their
nature, as being applicable to commerce or
war, are deemed lawful. Sixth. Equipments
of every kind in the ports of the United
States of privateers of the powers at war
with France, are deemed unlawful. Seventh.
Equipments of vessels in the ports of the
United States which are of a nature solely
adapted to war, are deemed unlawful; except
those standed or wrecked, as mentioned in
the eighteenth article of our treaty with
France, the sixteenth of our treaty with the
United Netherlands, the ninth of our treaty
with Prussia, and except those mentioned in
the nineteenth article of our treaty with
France, the seventeenth of our treaty with
the United Netherlands, the eighteenth of
our treaty with Prussia. Eighth. Vessels of
either of the parties not armed, or armed previous
to their coming into the ports of the
United States, which shall not have infringed
any of the foregoing rules may lawfully engage
or enlist therein their own subjects, or
aliens not being inhabitants of the United
States, except privateers of the powers at
war with France, and except those vessels
which shall have made prize, &c. The foregoing
rules, having been considered by us
[the Cabinet] at several meetings, and being
now unanimously approved, they are submitted
to the President of the United States.—
Cabinet Decision. Washington ed. ix, 440.
Ford ed., vi, 358.
(Aug. 3, 1793)
