The Online Library of Liberty

A project of Liberty Fund, Inc.

• Foreign Relations ( Continued )
• Cabinet Opinion
• Cabinet Opinion—hamilton and Knox
• Washington to John Jay, Chief-justice, and James Wilson, James Iredell, and William Patterson, Associate-justices, of the Supreme Court of the United States
• Questions Proposed to Be Submitted to the Judges of the Supreme Court of the United States
• Washington to the Heads of Departments and the Attorney-general
• No Jacobin 1
• I.
• Ii
• Iii
• Iv
• V
• Instructions to the Collectors of the Customs 2
• Cabinet Opinion.—hamilton to Washington 1
• Notes By Hamilton, to Frame Letter of Secretary of State to Gouverneur Morris, Minister At Paris (cabinet Paper.)
• Cabinet Opinion
• Hamilton to Washington
• Hamilton to Washington (cabinet Paper.)
• Hamilton to Washington (cabinet Paper.)
• Report.
• Americanus (from the American Daily Advertiser .)
• I
• II.
• Hamilton to Washington (cabinet Paper.)
• Hamilton to Washington (cabinet Paper.)
• Points to Be Considered In the Instructions to Mr. Jay, Envoy Extraordinary to Great Britain
• Hamilton to Jay (cabinet Paper.)
• Treaty Project
• Hamilton to Washington (cabinet Paper.)
• Hamilton to Washington (cabinet Paper.)
• Hamilton to Randolph (cabinet Paper.)
• Hamilton to Randolph (cabinet Paper.)
• Remarks On Lord Grenville’s Project of a Commercial Treaty, Made At the Request of E. Randolph, Esq., Secretary of State
• Hamilton to Washington (cabinet Paper.)
• Remarks On the Treaty of Amity, Commerce, and Navigation, Made Between the United States and Great Britain
• Supplementary Remarks
• Horatius 1
• Camillus
• No . I
• No . Ii
• No . Iii
• No . Iv
• No . V
• No . Vi
• No . Vii
• No . Viii
• No . Ix
• No . X
• No . Xi
• No . Xii
• No . Xiii
• No . Xiv
• No . Xv
• No . Xvi
• No . Xvii
• No . Xviii
• No . Xix
• No . Xx
• No . Xxi
• No . Xxii
• No . Xxiii 1

instructions to the collectors of the customs2

• Philadelphia,

August 4, 1793.

Sir:—It appearing that repeated contraventions of our neutrality have taken place in the ports of the United States, without having been discovered in time for prevention or remedy, I have it in command from the President, to address to the collectors of the respective districts a particular instruction on the subject.

It is expected that the officers of the customs in each district will, in the course of their official functions, have a vigilant eye upon whatever may be passing within the ports, creeks, inlets, and waters of such district, of a nature to contravene the laws of neutrality, and upon discovery of any thing of the kind, will give immediate notice to the Governor of the State, and to the attorney of the judicial district, comprehending the district of the customs within which any such contravention may happen.

To assist the judgment of the officers on this head, I transmit herewith a schedule of rules, concerning sundry particulars which have been adopted by the President, as deductions from the laws of neutrality, established and received among nations. Whatever shall be contrary to these rules will, of course, be to be notified as above mentioned.

There are some other points which, pursuant to our treaties, and the determination of the Executive, I ought to notice to you.

If any vessel of either of the powers at war with France should bring or send within your district a prize, made of the subjects, people, or property of France, it is immediately to be notified to the Governor of the State, in order that measures may be taken, pursuant to the 17th article of our treaty with France, to oblige such vessel and her prize, or such prize, when sent in without the capturing vessel, to depart.

No privateer of any of the powers at war with France, coming within a district of the United States, can, by the 22d article of our treaty with France, enjoy any other privilege than that of purchasing such victuals as shall be necessary for her going to the next port of the prince or state from which she has her commission. It she should do any thing beside this, it is immediately to be reported to the Governor and the attorney of the district. You will observe by the rules transmitted, that the term privateer is understood not to extend to vessels armed for merchandise and war, commonly called with us letters of marque, nor, of course, to vessels of war in the immediate service of the government of either of the powers at war.

No armed vessel which has been or shall be originally fitted out in any port of the United States by either of the parties at war, is henceforth to have asylum in any district of the United States. If any such armed vessel shall appear within your district, she is immediately to be notified to the Governor and attorney of the district, which is also to be done in respect to any prize that such armed vessel shall bring or send in. At foot is a list of such armed vessels of the above description, as have hitherto come to the knowledge of the Executive.

The purchasing within and exporting from the United States, by way of merchandise, articles commonly called contraband, being generally warlike instruments and military stores, is free to all the parties at war, and is not to be interfered with. If our own citizens undertake to carry them to any of those parties, they will be abandoned to the penalties which the laws of war authorize. You will be particularly careful to observe and to notify, as directed in other instances, the case of any citizen of the United States who shall be found in the service of either of the parties at war.

In case any vessel shall be found in the act of contravening any of the rules or principles which are the ground of this instruction, she is to be refused a clearance until she shall have complied with what the Governor shall have decided in reference to her. Care, however, is to be taken in this, not unnecessarily or unreasonably to embarrass trade or to vex any of the parties concerned.

In order that contraventions may be the better ascertained, it is desired that the officer who shall first go on board any vessel arriving within your ****district, shall make an accurate survey of her then condition as to military equipment, to be forthwith reported to you; and that, prior to her clearance, a like survey be made, that any transgression of the rules laid down may be ascertained.

But as the propriety of any such inspection of a vessel of war in the immediate service of the government of a foreign nation, is not without question in reference to the usage of nations, no attempt is to be made to inspect any such vessel, till further order on the point.

The President desires me to signify to you his most particular expectation, that the instructions contained in this letter will be executed with the greatest vigilance, care, activity, and impartiality. Omissions will tend to expose the government to injurious imputations and suspicions, and proportionably to commit the good faith and peace of the country—objects of too much importance not to engage every proper exertion of your zeal.

With consideration, I am, Sir, etc.,

AlexanderHamilton.

• 1.1 The original arming and equipping of vessels in the ports of the United States, by any of the belligerent parties, for military service, offensive or defensive, is deemed unlawful.
• 2.Equipments of merchant vessels, by either of the belligerent parties, in the ports of the United States, purely for the accommodation of them as such, are deemed lawful.
• 3.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 17th article of our treaty of amity and commerce with France.
• 4.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, etc.
• 5.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.
• 6.Equipments of every kind, in the ports of the United States, of privateers of the powers at war with France, are deemed unlawful.
• 7.Equipments of vessels in the ports of the United States, which are of a nature solely adapted to war, are deemed unlawful, except those stranded or wrecked, as mentioned in the 18th article of our treaty with France, the 16th of our treaty with the United Netherlands, the 9th of our treaty with Prussia, and, except those mentioned in the 19th article of our treaty with France, the 17th of our treaty with the United Netherlands, the 18th of our treaty with Prussia.
• 8.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 citizens, 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, etc.

[2]These instructions were called forth by the antics of Genet, the continual seizure of British ships by his privateers, and the illegal acts of the French consuls sitting as prize courts.

[1]These are the rules referred to in the circular letter.