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. If 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 author ize. 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, &c.,
ALEXANDER HAMILTON.

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 bellige rent parties, in the ports of the United States, purely for the accommodation of them as such, is 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, &c.

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, &c.

INTEREST ON CLAIMS.

Communicated to the House of Representatives, March 19th, 1790.

TREASURY DEPARTMENT, March 18th, 1790.

The Secretary of the Treasury, on the memorial of the late officers of the South Carolina line, on continental establishment, respectfully reports:

That it is true, as suggested in substance in the said memorial, that Congress, in consideration of payments in specie which had been made to other parts of the army, did recommend to the State of South Carolina to pay to the officers of its line a sum equal to six months' pay; which recommendation is contained in a resolution of the 10th of October, 1786, in the words following: Resolved, That it be, and it is hereby, recommended to the State of South Carolina to pay to the officers of their late line and hospital department, the said sum of $10,276 1, mentioned to be due to them by the said report, the said sum to be paid to the said officers, agreeably to a return of the late Paymaster-General, and for which the said State shall have credit on the specie proportion of the last requisition.

That warrants or drafts on the commissioner of loans for the said State, payable to the bearer, were accordingly issued by the late Board of Treasury to the respective officers for the sums to them severally due in conformity to the said resolution: which drafts, for want of money in the hands of the commissioner, were not paid.

That arrangements were afterwards taken by the said Board towards the payment of those drafts, if retained, and consequently no further provision is now necessary, except with regard to the claim of interest.

That the claim of interest may have reference to the time preceding the issuing of the drafts, and the time subsequent to it. That, with respect to the first period, had the accounts of the said officers been adjusted in the ordinary mode, and certificates granted, they would have borne interest from the time

the pay became due; but Congress, in directing the payment of the principal only, as was the case by the resolution recited, appear to have decided against the allowance of that which had previously accrued. That, with respect to the period subsequent to the issuing of the drafts, it would be contrary to the practice of the Treasury to allow interest, which has not been usual upon warrants or drafts issued for payment of moneys due.

That an innovation upon a practice, which has governed in a great extent and variety of cases, would of course be productive of much inconvenience and embarrassment, and, in many instances, would have an improper operation, as the negotiations of such drafts between individuals have been without a view to interest.

That similar drafts, excluding interest, were issued to the lines of Virginia and North Carolina, and though attended with a delay of payment, were afterwards taken up, without allowance of interest; as is also daily the case in respect to warrants issued by the late Board of Treasury, for which an appropriation was made during the last session.

That, from the foregoing facts and considerations, the Secretary is of opinion, that the claim of the memorialists to interest ought not to be admitted. The past situation of public affairs has unavoidably given too much occasion for complaints of individual hardship; but, in most instances, they are rather to be regretted than redressed. Confusion would ensue from a departure from former decisions and established usages, where the cases are not very peculiar, and very clearly distinguishable as such. All which is humbly submitted.

ALEXANDER HAMILTON,

Secretary of the Treasury.