The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1781-12-20 00:00:00, page 1

BE it ordained by the united Rates in congress assem
bled, that from and after the firft day of February
next, all refolutians and ordinances of congress re
lating to captures or recaptures on water, and com
ing within the purview of this ordinance, except as
is herein after excepted, shall be null and void: but
questions of this nature arising before, or which shall
be undetermined at that day, shall be determined at any
time during the war with Great Britain, according to
them, in the fame manner, as if this ordinance had ne
ver been made.
It fhallbe lawful to capture and to obtain condemna
tion of the property herein after enumerated, if found
below high water mark ; that is to fay,
All ships and other vessels of whatsoever size or de
nomination belonging to an enemy of the united dates,
with their rigging, tackle, apparel and furniture.
All goods, wares, and merchandizes belonging to
an enemy, and found on board of a ship or other vessel
of such enemy.
All contraband goods, wares and merchandizes to
whatever nation belonging, although found in a neutral
bottom, if defined for the use of an enemy: but the
goods, wares and merchandizes belonging to an ene
my, contraband goods, and goods destined to a block
aded, invested or besieged port, being always excepted,
found in a vessel belonging to a foreign nation, other
than an enemy, shall in no case be fubjeft to condemna
tion. Provided neverth^lefs that from and after the firft
day of March, in the year one thousand (even hundred
and eighty-two, all goods, wares and merchandizes of
the growth, produce or manufacture of Great Britain,
er of any territory depending thereon, if found within
three leagues of the coasts and destined to any port or
place of the united Rates, in any ship or vessel belong
ing to the citizens of the said states, or the fubjeds of
any neutral power, shall be liable to capture and con
demnation, onlefs the fame shall have been previously
captured from the enemy and condemned, or in conse
quence of capture, may be proceeding to some port or
place not in the power of the said enemy, for trial and
condemnation.'
All ships or other vessels, goods, wares and merchan
dizes belonging to any power, or the fubjeft of any
power againfl which letters of marque or reprisal shall
have fffued.
All ships or other vessels, with their rigging, tackle,
apparel and furniture, and with their cargoes, to what
soever nation belonging, destined to any port or place
invested, besieged or blockaded, by a fufficient force be
longing to, in the service of, or co-operating with the
united Rates, so effectually as that one cannot attempt
to enter into such port or place without evident dan
ger-
All ships or other vessels, with their rigging, tackle,
apparel and furniture, and with their cargoes, found
in the pofleffion of pirates.
The goods, wares and merchandizes to be adjudged
contraband, are the following, that is to fay,
Cannon, mortars, fire-arms, piflols, bombs, grana
does, bullets, balls, fufes, flints, matches, powder, salt
petre, fulphur, carcases, pikes, swords, belts, pouches,
cartouch boxes, saddles and bridles, in any quantity
beyond what may be necessary for the ships provision,
and may properly appertain to, and be adjudged ne
cessary for every man of the ships crew or for each
paflenger.
If it shall manifeftly appear, that of any entire thing
of which division cannot be made without injury to its
value, a fubjefl of the enemy, and a citizen or a fubjed
of a foreign power, not being an enemy, are joint-hold
ers, the whole shall be condemned and fold for gold or
silver, the proper proportion of the net proceeds of
which shall be deposited in the treasury of the Rate in
which the sale shall be, to be paid to the order of such
citizen, or the fubjeft of such foreign power.
If such division can be accomplished, but neither the
citizen, nor the fubjeft of a foreign power, nor his
agent, shall require fpecific refutation of his property,
there shall be a sale in the fame manner, as if the pro
perty were indivisible. Butif in such case a requisition
be made to this effea, the due proportion shall be fpe
cifically refiored.
Where property shall have been originally captured
on land from a Rate, or a citizen of the united Rates,
and shall be recaptured below high water mark by ano
ther citizen thereof, restitution shall be made to the for
mer owner upon the payment of a reasonable salvage,
got exceeding one fourth part of the value ; no regard
Wpg had to the time of foffeffiQ# by the enemy-
An ORDINANCE ascertaining what
captures on water shall be lawful.
in pursuance of the powers delegated by the confede
ration in cases of capture on water :
VOL. Xl.]
THURSDAY, D ECEMBERz^tf^
THE
O^O^^^^B
OR, THE;
GENERAL ADVERTISER.
Published EVERY TUESDAY, THURSDAY and SATURDAY.-Price Six-Pence.
Tn all cases of recapture by an armed vessel, fitted
out at the expence of the united Rates, of a vessel or
other effeas belonging to a citizen, the court shall ad
judge the proportion which would be due to the united
Rates, to be remitted to such citizen, no regard being
had to the time of peffeffion by the enemy.
On the recapture by a citizen of any Negro, Mulat
to, Indian or other person, from whom labour or ser
vice is lawfully claimed by a Rate or acitizen of a Rate,
fpecific refutation shall be adjudged to the claimant,
whether the original capture shall have been made on
land or water, and without regard to the time of pos
session by the enemy, a reasonable salvage being paid
by the claimant to the recaptor, not exceeding one
fourth of the value of such labour or service, to be es
timated according to the laws of the Rate under which
the claim shall be made.
But if the service of such Negro, Mulatto, Indian or
other person captured below high water mark, shall
not be legally claimed 'within a year and a day from the
sentence of the court, he shall be set at liberty.
In all other cases of recapture, refutation shall be
made to the owner upon payment of one third part of
the true value for salvage, if the property shall have
been retaken in less than twenty-four hours after the
capture. But if it shall not have been retaken until
the expiration of twenty-four hours after the capture,
restitution shall not be made of any part.
Besides those who are duly authorifed to make cap
tures by a special commission, captures of the property
of an enemy shall be adjudged lawful when made:
ift. By a private vessel not having such commission,
fatisfadory proof being produced that they were made
in pursuing the course of her voyage, and repelling a
previous attack from an enemy.
zd. By any body or detachment of regular soldiers.
3d. By inhabitants of the country, if made within
cannon Ihot of the shore.
4th. By an armed vessel failing under a commission
of his molt chriftian majesty.
sth. By the crewe of British vessels, while captures
/of this fort are licenced by the British.
Recaptures shall be made by no other persons than
those authorifed to make captures, except the crews
of vessels retaken.
The deftruaion of papers, or the possession of dou
ble papers by any captured vessel, shall be considered
as evidence for condemnation, unless good cause be
shewn to the contrary.
From and after the firft day of February, which shall
be in the year of our lord one thousand seven hundred
and eighty two, any letters of passport or fate condud,
granted before the 27th of March last, under the au
thority of congress, to any person whatsoever, for re
moval of property from a place beyond sea within the do
minions or possessions of the British king, shall be void.
Upon the capture of a vessel commiffionedas a manof
war or privat-er, by any of the vessels of war of the
united Rates of America, the whole of the property
condemned shall be adjudged to the captors, to be di
vided in the following manner (favin'g to all persons
who shall lose a limb in any engagement or shall be
otherwise disabled in the service of the united Rates,
every benefit accruing to them under the resolutions of
congress of the 28th day of Novemirer, one thousand
seven hundred and fevenry five) that is to fay,
To the commander in chief of the navy of the uni
ted Rates, shall be allotted one twentieths part of all
prizes taken by an armed vessel or vessels under his or
ders and command; when there shall be no such com
mander in chief, the one twentieth part allots d to him
shall be paid into the treasury of the united Rates.
To the captain of any single armed vessel two twen
tieth parts, but if more ships or vessels be in company
when a prize is taken, then the two twentieth parts
shall be divided equally among all the captains.
To the captains of marines, lieutenants and makers,
three twentieth parts of all prizes taken when they are
in company, to be divided equally among them.
To the lieutenants of marines, surgeons, chaplains,
pursers, boatswains, gunners, carpenters, matters
mates and the secretary of the fleet, two twentieth
parts, and one half of one twentieth part, to be divid
ed equally among them.
To the following petty warrant officers, viz. mid
shipmen, (allowing for each ship fixy for each brig four,
and tor each Roop two) captains clerks, surgeons mates,
Rewards, fail makers, coopers, armourers (allowing
for each vessel one of each only) boatswains mates,
gunners mates, carpenters mates (allowing for each
vessel two of each) coeks, cockfwains (allowing for
each vessel one of each) ferjeants of marines (allowing
two for each ship and one for each brig and sloop) three
twentieth parts, to be divided equally among them ; and
when a prize is taken by any vessel, on board or in com
pany of which the commander in chief is, then the com
mander in chief's cook or cockfwain shall be added to the
^^ p^tty warrant officers, and ihare equally wan them.
The remaining eight twent'eth parts, and half of the
one twentieth part shall he divided among the rest of
the vessels company or companies, as it may happen,
share and share alike.
No officer nor man shall have any share, but such
as are actually on board their several vessels when any
prize or prizes shall be taken, excepting only such as
may have been ordered on board any other prizes, be
fore taken, or sent away by his or their commanding;
officers.
Upon the capture pf any other vessel, if made by a
vessel of war, belonging to the united slates, one half
of the property condemned^ Jhall be decreed to the
united dates, and the other half to the captors, to be
divided as aforefaid: if by a private vessel not having:
a commission, the whole ft^/be decked to the captors:
if by any body or detalffinept of regular or other
troops in the service of the united slates, the whole
shall be adjudged to the captors, to be divided in pro^
portion to the pay in the line of the army : if by inha
bitants of the country, being in arms, the whole shall
be adjudged to the captors, to be divided equally a
mong them : provided, that if any such inhabitant
shall be wounded in making the capture, he fhalL be
entitled to two shares, and if killed, his legal represen
tative shall be entitled to four (hares. If by the crews
of British vessels, the whole shall be adjudged to the
captors, to be divided at the discretion of the court.
On recapture by an armed vessel belonging to the;
united Rates, of a vessel under the protection of a vefe
fel belonging to the enemy, commissioned as a man of
war or privateer, of where the vessel retaken is equips
ped in a warlike manner, the proportion to ne with
drawn from the original owner, shall be divided as iir
the case of a capture of an enemy's vessel commissioned.
as a man of war or privateer.
On recapture, by an armed vessel belonging to the
united Rates, of a vessel under the protection of an
hoßile vessel not commissioned as a man of war or pri
vateer ; and where the vessel retaken is not equipped
in a warlike manner, the proportion to be withdraws
from the original owner Shall be divided, as in tiie case
of an hostile vessel not commissioned as a man of war
or privateer.
The rules of decision in the several courts flfall be
the resolutions and ordinances of the united Rates in
Congress assembled, public treaties wiien declared to
be so by an aft of Congress, and the law of nations, ac
cording to the general usages of Europe. Public trea
ties shall have the pre-eminence in all trie's.
This Ordinance shall commence in force on the firfl
day of February, which will be in the year of our
Lord one thousand seven hundred and eighty two.
Done by the United States in Congress assembled,
the fourth day of December, in the year of out
Lord one thousand seven hundred and eight,
one, and in the sixth year of our independence,
JOHN HANSON, President.
Attefl. Charles Thomson, Secretary.
The ACT referred to in the foregoing Ordinance if
as follows.
IN case the commander, for the time being, lose %
limb in an engagement, or be otherwise disabled, so
as to be rendered incapable afterwards of getting a
livelihood to subsist upon, he shall receive out of the
neat profits of such prize or prizes, or prize goods (a#
are taken during the cruiz?' ,if so much arise, before
dividend or distribution be declared, the sum of four
hundred dollars: or if he lose his life, his widow or
children (if any) shall receive the said bounty of four
hundred dollars, together with all prize money to him
belonging at the time of his decease. And if the cap
tain of the marines, or any other commission and war
rant officer lose a limb, or be otherwise dibbled, so as
to be rendered incapable afterw; rds of getting a fab
fiflence, he or they so disabled shall receive a bounty
of three hundred dollars, if so much arise from the net
profits as aforefaid : and in case of death, the widow
or children (if any) is, are and shall be entitled to the
fame, together with their share of prize money due at
the time of their decease. And if an inferior officer#
seaman or marine lose a limb, or be otherwise disabled
so as to be rendered incapable afterwards of getting a
fubfifiance, he or they shall receive a bounty of two
hundred dollars, to be deducted as aforefaid ; and in
case of death, his widow or children(if any, is, are,
and shall be intitled to the fame, together with his
share @f pih€m@ney due at ths tim^ of his decease.
[NUMB 822.