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The writings of James Madison,

comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed.
 
 
 
 
 

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INSTRUCTIONS FOR PRIVATEERS.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

INSTRUCTIONS FOR PRIVATEERS.[55]

D. OF S. MSS.

INSTRUCTIONS.

To Capt:—Commander of the private armed—called
the—:

For the private armed vessels of the U. States

    1.

  • The tenor of your Commission and of the act of Congs.
    entitled "An act, &c. &c. a copy of which is hereto annexed,


    202

    Page 202
    will be kept constantly in your view. By The high seas referred
    to in your Commission, you will understand generally, to
    extend to low water mark; But with the exception of the
    space within one league or three miles of the shore of
    countries at peace both with G. B. and with the U. S. you
    may, nevertheless execute your commission within that
    distance of the shore of a nation at war with G. B. and
    even on the waters within the jurisdiction of such nation, if
    permitted so to do.

  • 2.

  • You are to pay the strictest regard to the rights of neutral
    powers, & the usages of Civilized nations; and in all your
    proceedings towards neutral vessels, you are to give them as
    little molestation or interruption as will consist with the right
    of ascertaining their neutral character, and of detaining and
    bringing them in for regular adjudication in the proper cases.
    You are particularly to avoid even the appearance of using
    force or seduction with a view to deprive such vessels of their
    crews, or of their passengers, other than persons in the military
    service of the enemy.

  • 3.

  • Towards enemy vessels & their crews, you are to proceed,
    in exercising the rights of war, with all the justice &
    humanity which characterize the nation of which you are
    members.

  • 4.

  • The Master & one or more of the principal persons belonging
    to captured vessels, are to be sent, as soon after the
    capture as may be, to the Judge or Judges of the proper court
    in the U. S. to be examined upon oath, touching the interest
    or property of the captured vessel & her lading; and at the
    same time are to be delivered to the Judge or Judges, all passes,
    Charter-parties, bills of lading, invoices, letters & other documents
    & writings found on board; the s. papers to be proved
    by the affidavit of the Commander of the capturing vessel or
    some other person present at the capture, to be produced
    as they were recd. without fraud, addition, subduction or
    embezzlement.

 
[55]

This is endorsed: Instructions for private armed vessels, drawn
up by President Madison. It is in Madison's hand and is among
the War of 1812 MSS., Letters of Marque.