The New-Jersey gazette — Burlington [N.J.], 1781-12-19 00:00:00, page 1

[Vol. IV.], THE [Humb. 2oß.J
NEW-JERSEY GAZETTE.
PHILADELPHIA, December 12.
An ORDINANCE, ascertaining what captures on
water Jhall be lawful:
In purjuance of the powers delegated by the Confedera
tion in cases of capture on water:
BE it Ordained by the United States in Con
gress assembled, that from and after the firft
day of February next, all resolutions and
ordinances of Congress relating to captures
or recaptures on water, and coming within the pur
viev of this ordinance, except as is herein after ex
cepted, 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 never been
made.
It shall be lawful to capture and to obtain con
demnation 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
denomination, belonging to an enemy of the United
States, with their rigging, tackle, apparel and fur
niture.
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 neu
tral bottom, if defined for the use of an enemy;
but the goods, wares and merchandizes belonging
to an enemy, contraband goods, and goods destined
to a blockaded, invested or besieged port, being al
ways excepted, found in a vessel belonging to a foreign
nation, other than an enemy, shall in no case be
fubjeft to condemnation.
Provided nevertheless, That from and after the
firft day of March, in the year one thousand seven
hundred and eighty-two, all goods, wares and mer
chandizes, of the growth, produce or manufacture
of Great-Britain, or of any territory depending there
on, if found within three leagues of the coasts, and
defined to any port or place of the United States,
in any ship or vessel belonging to the citizens of the
said States, or the fubje&s of any neutral power,
shall be liable to capture and condemnation, unless
the fame shall have been previoully captured from
the enemy and condemned, or in consequence 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 mer
chandizes belonging to any power, or the fubjefts of
any power against which letters of marque or repri
sal shall have issued.
All ships or other vessels, with their rigging, tac
kle, apparel and furniture, and with theii cargoes,
to whatsoever nation belonging, destined to any port
r place invested, besieged or blockaded, by a fuf
h;ient force belonging to, in the service of, or co
operating with the United States, so effectually as
that one cannot attempt to enter into such port or
place without evident danger.
All ships or other vessels, with their rigging, tac
kle, apparel and furniture, and with their cargoes,
found in the possession of pirates.
The goods, wares and merchandizes to be adjudg
ed contraband are the following; that is to fay,
Cannon, mortars, fire-arms, pistols, bombs, gre
nades, bullets, balls, fufes, flints, matches, powder,
falt-petre, fulphur, carcases, pikes, swords, belts,
pouches, cartouch-boxes, saddles and bridles, in any
quantity beyond what may be neceflary for the Ihip's
provision, and may properly appertain to and be ad
judged necessary for every man of the fhip's crew,
or for each passenger.
If it shall manifeftly appear, that of any entire
thing, of which division cannot be made without
injury to its value, a fubjeCt of the enemy, and a
citizen or a fubjeCt of a foreign power, not being an
enemy, are joint-holders, the whole shall be con
demned and fold for gold or silver, the proper pro
portion of the nett proceeds of which shall be de
posited in the treasury of the date in which the sale
shall be, to be paid to the order of such citizen, or
the fubjed 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 restitution of his
property, there shall be a sale in the fame manner,
as if the property were indivisible. But if in such
case a requisition be made to this effect, the due pro
portion shall be fpecifically restored.
Where property shall have been originally captur
ed on land from a Rate, or a citizen of the United
States, and shall be recaptured below high water-
WEDNESD AY, December 19, 1781.
mark by another citizen thereof, restitution shall be
made to the former owner upon the payment of a
reasonable salvage, not exceeding one fourth part
of the value, no regard being had to the time of
possession by the enemy.
In all cases of recapture by an armed vessel, fitted
out at the expence of the United States, of a vessel
or other effects belonging to a citizen, the court shall
adjudge the proportion which would be due to the
United States, to be remitted to such citizen, no
regard being had to the time of possession by the
enemy.
On the recapture by a citizen of any negro, mu
latto, Indian or other person, from whom labour or
service is lawfully claimed by a state or a citizen of
a state, fpecific restitution 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 possession by the enemy, a reasonable salvage
being paid by the claimant to the recaptor, not ex
ceeding one fourth of the value of such labour or
service, to be estimated according to the laws of the
state under which the cla^n 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 fentcuce of the court, he shall be set at
liberty.
In all other cases of recapture, restitution shall be
made to the owner upon payment of one third part
of the true value for salvage, if the property ffiall
have been re-taken in less than twenty-four hours
after the capture. But if it shall not have been re
taken 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
captures 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 commis
sion, fatisfadory proof being produced that they
were made in pursuing the course of her voyage,
and repelling a previous attack from an enemy.
2d. By any body or detachment of regular soldiers.
3d. By inhabitants of the country, if made with
in cannon shot of the shore.
4th. By an armed vessel failing under a commis
sion of His Most Christian Majesty.
sth. By the crews of Britilh vessels, while cap
tures of this fort are licensed by the British.
Recaptures shall be made by no other persons
than those authorifed to make captures, except the
crews of vessels re-taken.
The deftrudion of papers, or the possession of
double papers by any captured vessel, shall be con
sidered 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
fafe conduct, granted before the 27th of March last,
under the authority of Congress, to any person what
soever, for removal of property from a place beyond
sea, within the dominions or possessions of the British
King, shall be void.
Upon the capture of a vessel commissioned as a
man of war or privateer, by any of the vessels of
war of the United States of America, the whole
of the property condemned shall be adjudged to the
captors, to be divided in the following manner (fave
ing to all persons who shall lose a limb in any engage
ment, or shall be otherwise disabled in the service of
the United States, every benefit accruing to them
under the resolutions of Congress of the 28th day
of November, one thousand seven hundred and seven
ty five) that is to fay,
To the Commander in Chief of the navy of the
United States, shall be allotted one twentieth part
of all prizes taken by an armed vessel or vessels under
his orders and command; when there shall be no
such Commander in Chief, the one twentieth part
allotted to him shall be paid into the Treasury of the
United States.
To the Captain of any single armed vessel two
twentieth parts, but if more ships or vessels be in
company when a prize is taken, then the two twen
tieth parts shall be divided equally among all the
Captains.
To the Captains of marines, Lieutenants and
Matters, three twentieth parts of all prizes taken
when they are in company, to be divided equally
among them.
To the lieutenants of marines, Surgeons, Chap
lains, Pursers, Boatswains, Gunners, Carpenters,
Matters Mates and the Secretary of the fleet, two
twentieth parts, and one half of one twentieth, to
be divided equally among them.
Io the following petty warrant officers, viz. Mid
shipmen (allowing for each ship fix, for each brig
tour, and for each (loop two) Captains Clerks, Sur
geons Mates, Stewards, Sail-makers, Coopers, Ar
morers (allowing for each vessel one of each only)
Boatswains Mates, Gunners Mates, Carpenters Mates
(allowing for each vessel two of each) Cooks, Cock-
Iwains (allowing for each vessel one of each) Serjeants
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 company of which
the C° mman der in Chief is, then the Commander in
Chief s Cook and Cockfwain shall be added to the
said petty warrant officers, and share equally with
them.
Ihe remaining eight twentieth parts, and half of
the one twentieth part shall be 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, before taken, or sent away by his or their
commanding officers.
Upon the capture of any other vessel, if made by
a vessel of war belonging to the United States, one
half of the property condemned shall be decreed to
the United States, and the other half to the captors,
to be divined as aforetaid; if by a private vessel not
having a commission, the whole shall be decreed to
the captors; if by any body or detachment of regu
lar or other troops in the service of the United States,
the whole shall be adjudged to the captors, to be
divided in proportion to the pay in the line of the
army; if by inhabitants of the country, being in
arms, the whole shall be adjudged to the captors,
to be divided equally among them; provided, that
ii any such inhabitant shall be wounded in making
the capture, he shall be entitled to two shares, and
if killed, his legal representative shall be entitled to
four shares. If by the crews of British vessels, the
whole shall be adjudged to the captors, to be divid
ed at the diferetion of the court.
°" re capture by an armed vessel belonging to the
United Slates, of a vessel under the protection of a
vessel belonging to the enemy, commissioned as a
man of war or privateer, or where the vessel re-taken
is equipped in a warlike manner, the proportion to be
withdrawn from be original owner, shall be divided
as ., the case of a capture of an enemy's vessel com
mifficneu as a man of war or privateer.
° n re-capture by an armed vessel belonging to the
United States, of a vessel under the protection of an
hostile Vessel not commissioned as a man of war or
privateer; and where the vessel re-taken is not equip
ped in a warlike manner, the proportion to be with
drawn from the original owner shall be divided, as
in the case of an hostile vessel not commissioned as a
man of war or privateer.
The rules of decision in the several courts fh'all be,
the resolutions and ordinances of the United States
in Congress assembled, publick treaties, when declar
ed to be so by an aft of Congress, and the law of
nations, according to the general usages of Europe.
Publick treaties shall have the pre-eminence in all
trials.
This ordinance shall commence in force on the
firft day of February, which will be in the year of
our Lord one thousand seven hundred and tightv
two.
DONE by the United States in Congress afem
bled, the fourth day of December, in the year of
our Lord one thousand seven hundred and eighty
one, and in the sixth year of our Independence.
JOHN HANSON, President.
Attef. Charles Thomson, Sec'ry.
The ACT referred to in the foregoing Ordinance is as
follows :
TN case the Commander, for the time being, lose a
A limb in an engagement, or be otherwise disabled,
so as to be rendered incapable afteru ards of getting
a livelihood to subsist upon, he shall receive out of the
nett profits of such prize or prizes, or prize goods
(as are taken during the cruize) if so much arise,
before divided or distribution be declared, the sum
of four hundred dollars; or if he lose his life, his
widow br 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
dcceafe. And if the Captain of the marines, or any
other commission and warrant officer lose a limb, or