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ment by diplomatic note to the signatory Powers would suffice for this; and from the day that Great Britain simply announces her resumption of the maritime rights which made her powerful and kept her secure, from that day and not before it will she resume her place among the nations of the earth which are respected because it is known that they are strong.

APPENDIX A.

HARTWELL HORNE, PAGE 3.

WITH regard to the issuing of letters of marque, the Lord High Admiral of Great Britain, or the Commissioners appointed for executing that office, or any three of such Commissioners, or any persons by them empowered or appointed, shall at the request of any duly qualified owner or owners of any ship or vessel duly registered according to the directions of the Act passed in the twenty-sixth and thirtyfourth years of his present Majesty (26 Geo. III. c. 60, and 34 Geo. III. c. 68) (provided such owner or owners give the bail or security hereafter specified), cause to be issued in the usual manner one or more commissions or letters of marque and reprisal, to any person or persons nominated by such owner to be commander, or (in case of death, successively) commanders of such ship or vessel; for the attacking, surprising, seizing, and taking, by and with such vessel or with the crew thereof, any place or fortress upon the land, or any ship, vessel, arms, ammunition, stores of war, goods or merchandise, belonging to or possessed by any of his Majesty's enemies, in any sea, creek, haven, or river (13 Geo. II. c. 4, § 2; 33 Geo. III. c. 66, § 9; 43 Geo. III. c. 160, § 7).

All persons applying for such commissions or letters of marque must make the application in writing, subscribed with their hands, to the Lord High Admiral, or other persons thus empowered, or to the Lieutenant or Judge of the High Court of Admiralty, or to his surrogate, and such application must set forth "a particular, true and exact description of the ship or vessel for which such commission or letter of marque and reprisals is requested, specifying the name and burden of such ship or vessel; what sort of build she is; and the number and nature of the guns, and what other warlike furniture and ammunition are on board the same; to what place the ship

belongs; and the name or names of the principal owner or owners of such ship or vessel; and the number of men intended to be put on board the same (all which particulars must be inserted in every commission or letters of marque); for what time they are victualled, and also the names of the commander and officers (33 Geo. III, c. 66, § 15; 43 Geo. III, c. 160, § 13. Instructions for letters of marque against the goods of the French and Batavian Republics, Art. 6. NoteThe Instructions respecting the former were issued on the 17th May, 1803, concerning the letter on June 16th, 1803).

Further, every commander of a private ship or vessel of war, for which such commission or letters of marque shall be granted, must produce the same to the collector, customer, or searcher for the time being, of his Majesty's customs, residing at or belonging to the port whence such ship shall be first fitted out, or to their lawful deputies. And such collector, customer, &c. shall without fee or reward and as early as conveniently may be inspect and examine the said vessel; in order to ascertain her build and burden, the number of men, together with the number and nature of the guns on board. If after examination, such vessel appear to be of such build and burthen, and to be manned and armed according to the tenor of the description inserted in the commission or letter of marque; or if she be of greater force and burthen than is therein specified; in such case the collector, &c. or his or their deputies shall immediately upon the request of the commander of such ship or vessel, give him gratis a certificate thereof in writing under his or their hand or hands; and such certificate shall be deemed a necessary clearance before the vessel or letter of marque thus commissioned, shall be permitted to sail from that port (33 Geo. III. c. 66, § 15; 43 Geo. III. c. 160, § 13).

The same statute likewise declares that in case any commander proceed out of port upon a cruize without such certificate of clearance, or with a force inferior to that specified in the commission or letter of marque, the latter shall be absolutely null and void: the commander thus offending shall be subject to the penalty of £1000, recoverable with full costs of suit by any person, and shall also be imprisoned

for such space of time as the Court shall direct, not exceeding for any one offence (Ibidem).

one year

The collector, searcher, &c. or his or their deputies, who shall grant false certificates, shall for such offence forfeit their office; be for ever incapacitated from holding office under Government, and incur a penalty of £100, to be recovered in a similar manner. One half of the said penalty when recovered to be paid to the informer; and the other moiety to the treasurer of the Corporation for the Relief and Support of the Sick, Maimed, and Disabled Seamen of the Merchant Service: and if such forfeiture be incurred in any outport, where a Corporation already is or may hereafter be established for those purposes, one moiety of the penalty is to be paid to the trustees for the use of such Corporation (33 Geo. III. c. 66, § 16; 43 Geo. III. c. 160, § 14).

Previously however to obtaining letters of marque, bail must be given with sureties before the lieutenant and judge of the High Court of Admiralty or his surrogate, in the sum of £3000 sterling if the ship carry more than 150 men, and if she carry a less number in the sum of £1500 sterling (Instructions for letters of marque, &c, Art. 15). Further, such sureties must prior to their being bound severally make oath before the Judge of the said Court of Admiralty of England, or Judge of any other Court of Admiralty in any other part of his Majesty's dominions, or his or their surrogates, that they are respectively worth more than the sum for which they are to be bound, over and above all their just debts. And in order to prevent frauds the Marshal of the Admiralty Court is enjoined to make diligent inquiry into the sufficiency of such bail and security, and to make report accordingly to the Judge or his surrogate before any commission or letter of marque can be granted (43 Geo. III. c. 160, § 12).

No Judge of any Vice-Admiralty Court established in the West Indian or American colonies can either directly or indirectly have any share or interest whatever in any privateer or letter of marque (41 Geo. III. c. 96, § 17). Nor can any judge, advocate, marshal, proctor, or any other officer of any Admiralty or Vice-Admiralty Court, either in England or

in the Colonies possess any such interest, on pain of forfeiting his employment and also the sum of £500 to the use of his Majesty. And all advocates and proctors thus offending are for ever disqualified from practising their professions (33 Geo. III. c. 66, § 33; 43 Geo. III. c. 160, § 32). Letters of marque are always subject to revocation.

APPENDIX B.

LETTERS OF MARQUE, OR PRIVATEER'S COMMISSION, 1812.

GEORGE the Third by the Grace of God of the United Kingdom of Great Britain and Ireland King, Defender of the Faith, to all people to whom these presents shall come, greeting. Whereas in consequence of the repeated insults and provocations which we have experienced from the Government of France we find ourselves compelled to take such measures as are necessary for maintaining the honour of our crown and the just rights of our subjects, and have, therefore, by and with the advice of our Privy Council, ordered that general reprisals be granted against the ships, goods and subjects of the French Republic, so that as well our fleets and ships as also all other ships and vessels that shall be commissionated by letters of marque and general reprisals or otherwise shall and may lawfully apprehend, seize and take the ships, vessels and goods belonging to the French Republic or to any persons being subjects of the French Republic or inhabiting within any of the territories of the French Republic, and bring the same to judgment in our High Court of Admiralty of England, or in any of our Courts of Admiralty within our dominions for proceedings and adjudication and condemnation to be thereupon had according to the course of Admiralty and the Laws of Nations; and whereas by our commission under our Great Seal of Great Britain, bearing date the 16th day of May, 1803, we have willed, required and authorized our Commissioners for executing the office of Lord High Admiral of our said United Kingdom, or any person or persons by them

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